Kishorkumar Shridhar Dixit, Nashik V. Income-tax Officer,

ITA 108/PUN/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 1149 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 6 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-08-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 22-01-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANIL CHAWARE
• Keywords: Unexplained cash credit

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A , PUNE , . . , BEFORE MS. SUSHMA CHOWLA, JM AND SHRI R.K. PANDA, AM . / ITA NO. 108 /PN/20 1 5 / ASSESSMENT YEAR : 20 09 - 1 0 KISHORKUMAR SHRIDHAR DIXIT, UFADE BUNGALOW, SHIVAJI NAGAR, PIMPALGAON, NIPHAD, NASHIK 422209 . / APPELLANT PAN: AELPD1484N VS. THE INCOME TAX OFFICER, WARD 1(2), NASH IK . / RESPONDENT / APPELLANT BY : SHRI PRAMOD SHINGTE / RESPONDENT BY : S HRI ANIL CHAWARE / DATE OF HEARING : 0 2 . 0 8 .201 6 / DATE OF PRONOUNCEMENT: 02 . 0 8 . 201 6 / / ORDER PER SUSHMA CHOWLA, JM: THIS APPEAL FILED BY THE ASSESSEE IS AGAINST ORDER OF C I T (A) - I, NASHIK , DATED 19 . 11 .20 14 RELATING TO ASSESSMENT YEAR 20 09 - 1 0 AGAINST LEVY OF PENALTY UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 19 61 (IN SH ORT THE ACT) . ITA NO . 108 /PN/20 1 5 KISHORKUMAR SHRIDHAR DIXIT 2 2 . THE PRESENT APPEAL FILED BY THE ASSESSEE IS AGAINST LEVY OF PENALTY UNDER SECTION 271(1)(C) OF THE ACT. 3. THE LEARNED AUTHORIZED REPRESENTATIVE FOR THE ASSESSEE POINTED OUT THAT THE QUANTUM ADDITION MADE IN THE HANDS OF ASSESSEE HAS BEEN SET - ASIDE BY THE TRIBUNAL TO THE FILE OF ASSESSING OFFICER FOR RE - ADJUDICATION. HE FURTHER PRAYED THAT THE PENALTY PROCEEDINGS MAY ALSO BE SET - ASIDE TO THE FILE OF ASSESSING OFFICER. 4. THE LEARNED DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE HAD NO OBJECTION FOR THE SAME. 5. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORD. THE TRIBUNAL WHILE DECIDING THE QUANTUM ADDITION IN THE HANDS OF ASSESSEE IN ITA NO.107/PN/2015 RELATING TO ASSESSMENT YEAR 2009 - 10 VIDE ORDER DATED 22.07.2016 HAS REMITTED THE ISSUE OF ADDITION OF RS.18,15,622/ - MADE ON ACCOUNT OF ALLEGED UNEXPLAINED CASH CREDITS, BACK TO THE FILE OF ASSESSING OFFICER. THE PRESENT APPEAL FILED BY THE ASSESSEE IS AGAINST PENALTY LEVIED UNDER SECTION 271(1)(C) OF THE ACT ON THE AFORE SAID ADDITION AT RS.5,69,238/ - . SINCE THE QUANTUM ADDITION HAS BEEN SET - ASIDE TO THE FILE OF ASSESSING OFFICER, CONSEQUENTLY, PENALTY PROCEEDINGS UNDER SECTION 271(1)(C) OF THE ACT ARE ALSO SET - ASIDE TO THE FILE OF ASSESSING OFFICER, WHO SHALL DECIDE THE SAME IN LINE WITH THE ADDITION, IF ANY, MADE IN THE HANDS OF ASSESSEE ON ACCOUNT OF ALLEGED ITA NO . 108 /PN/20 1 5 KISHORKUMAR SHRIDHAR DIXIT 3 CASH CREDITS. REASONABLE OPPORTUNITY OF HEARING SHALL BE GIVEN TO THE ASSESSEE BEFORE COMPLETING PENALTY PROCEEDINGS BY THE ASSESSING OFFICER. 6 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED AS INDICATED ABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 2 ND DAY OF AUGUST , 201 6 . SD/ - SD/ - ( R.K. PANDA ) (SUSHMA CHOWLA) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE ; D ATED : 5 TH AUGUST , 201 6 . GCVSR / COPY OF THE ORDER IS FORWARDED TO : 1. / THE A PPELLANT ; 2. / THE RESPONDENT; 2. / THE RESPONDENT; 3. ( ) / THE C I T (A) - I , NASHIK ; 4. / THE C I T - I, NASHIK ; 5. , , / DR A , ITAT, PUNE; 6. / GUARD FILE . / BY ORDER , // TRUE COPY // / SR. PRIVATE SECRETARY , / ITAT, PUNE