SUBHASH KUMAR CHOUDHARY, DHANBAD V. ITO WARD-2(2), DHANBAD

ITA 111/RAN/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 8721 (ITAT-RANCHI)
• Duration Of Justice: 11 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-04-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 02-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHANDAN DAS

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI BENCH SMC RANCHI BEFORE SHRI S.S, GODARA , JUDICIAL MEMBER ITA NO. 111 /RAN / 2018 ASSESSMENT YEAR: 2009 - 10 SUBHASH KUMAR CHOUDHARY, KENDUA POOL, KUSUNDA, DHANBAD [ PAN NO.ACQPC 6016 N ] / V/S . INCOME TAX OFFICER, WARD - II(2), DHANBAD - 826001 / APPELLANT .. / RESPONDENT / BY APPELLANT NONE / BY RESPONDENT SHRI CHANDAN DAS, JCIT - DR / DATE OF HEARING 11 - 01 - 2019 / DATE OF PRONOUNCEMENT 8 - 0 4 - 2019 / O R D E R THIS ASSESSEE S APPEAL FOR ASSESSMENT YEAR 20 09 - 1 0 , ARISES AGAINST THE COMMISSIONER OF INCOME - TAX (APPEALS) - RANCHI S ORDER DATED 13.12.2017 PASSED IN CASE NO. 152/DHN/2014 - 15, INVOLVING PROCEEDINGS U/S. 271(1) ( C ) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. 2. CASE CALLED TWICE . N ONE APPEARS AT THE ASSESSEES BEHEST. I THEREFORE PROCEED EX PARTE AGAINST THE ASSESSEE. THE CASE IS NOW TAKE N UP FOR ADJUDICATION ON MERITS. 4. THE ASSESSEES SOLE SUBSTANTIVE GRIEVANCE PLEADED IN THE INSTANT APPEAL SEEKS TO REVERSE BOTH THE LOWER AUTHORITIES ACTION IMPOSING PENALTY WITH REGARD TO QUANTUM ASSESSMENT OF HIS AGRICULTURAL INCOME CLAIM OF RS. 11,26,430/ - AS INCOME FROM OTHER SOURCES. THERE IS NO DISPUTE ABOUT S AID QUANTUM ASSESSMENT HAVING ATTAINED FINALITY. THE REVENUE VEHEMENTLY SUPPORTS LOWER AUTHORITIES ACTION PENALIZING THE ASSESSEE ITA NO. 111/RAN/2018 A.Y. 2009 - 10 SUBHASH KR. CHOUDHARY VS. ITO WD - II(2), D HN PAGE 2 TO THE TUNE OF RS.4,79,140/ - REGARDING THE ABOVE AG RICULTURAL INCOME CLAIMED. I FIND NO MERIT IN REVENUES ARGUMENTS. THE FACT REMAINS THAT THE ASSESSE E HAD DULY PLACED ON RECORD SUPPORTIVE EVIDENCE REGARDING LEASEHOLDER OF AGRICULTURE LAND IN ISSUE. HONBLE APEX COURTS LANDMARK DECISION IN CIT V/S RELIANCE PETRO PRODUCTS LTD 322 ITR 158 (SC) HAS SETTLED THE LAW THAT QUANTUM PENALTY PROCEEDINGS ARE PARALLEL IN NATURE WHE REIN EACH AND EVERY DISALLOWANCE/ADDITION DOES NOT INVITE THE LAT T ER PENAL PROVISION . I KEEP IN MIND TH IS SETTLED LEGAL PROPOSITION TO CONCLUDE THAT ASSESSEES EVIDENCE PLACED ON RECORD IN SUPPORT OF AGRICULTURAL INCOME MAKES IT SUFFICIENT CASE OF NEITHER CONCEALMENT NOR FURNISHING OF INACCURATE PARTICULARS OF INCOME PER SE. I ACCORDINGLY DIRECT THE ASSESS ING OFFICER TO DELETE THE IMPUGNED PENALTY. 5. THIS ASSESSEES APPEAL IS ALLOWED. ORDER PRONOUNCED ON 8/4/19 SD/ - (S.S. GODARA ) JUDICIAL MEM BER * PP /SR.PS DATED/ - 8 / 0 4 /201 9 / COPY OF ORDER FORWARDED TO: - 1. /APPELLANT - SUBHASH KR. CHOUDHARY, KENDUA POOL, KUSUNDA, DHANBAD 2. /RESPONDENT - ITO WARD - II(1), DHANBAD - 826001 3. / CONCERNED CIT 4. - / CIT (A) 5. , / DR, ITAT, RANCHI 6. / GUARD FILE. BY ORDER/ , SR. PRIVATE SECRETARY/P.S ITAT RANCHI