ACIT, CC-XXIII, Kolkata, Kolkata V. M/s. J. A. Export India (P) Ltd., Kolkata

ITA 1121/KOL/2011

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 100009 (ITAT-KOLKATA)
• Duration Of Justice: 4 year(s) 2 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-11-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 13-11-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 29-08-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N O N E
• Assessee Lawyers: PRABAL CHOWDHURY
• Section: 132; 153A

Judgement Text

I.T.A. NO.: 1121/ KOL/2011 ASSESSMENT YEAR : 2006-2007 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA C BENCH, KOLKATA BEFORE SHRI MAHAVIR SINGH, JUDICIAL MEMBER AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER I.T.A. NO.: 1121/ KOL./ 2011 ASSESSMENT YEAR : 2006-2007 ASSISTANT COMMISSIONER OF INCOME TAX,............ ............APPELLANT CENTRAL CIRCLE-XXIII, KOLKATA, 18, RABINDRA SARANI, 5 TH FLOOR, KOLKATA-700 001 -VS.- M/S. J.A. EXPORT INDIA (P) LIMITED,............ ..............RESPONDENT 79/3A, SATYEN ROY ROAD, BEHALA, KOLKATA-700 034 [PAN : AABCJ 6440 P] APPEARANCES BY: SHRI PRABAL CHOWDHURY, JCIT, SR. D.R., FOR THE RESP ONDENT N O N E, FOR THE APPELLANT DATE OF CONCLUDING THE HEARING : NOVEMBER 13, 2015 DATE OF PRONOUNCING THE ORDER : NOVEMBER 13, 2015 O R D E R PER SHRI MAHAVIR SINGH, JUDICIAL MEMBER : THIS APPEAL FILED BY THE REVENUE IS ARISING OUT OF THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS), CENTRAL-III, KOLKATA IN APPEAL NO. 104/CC-XXIII/CIT(A)-C-III/09-10 DATED 23.06.2011 FO R THE ASSESSMENT YEAR 2006-07. 2. THE ONLY ISSUE IN THIS APPEAL OF REVENUE IS AGAI NST THE ORDER OF LD. CIT(APPEALS) DELETING THE PENALTY LEVIED BY THE ASS ESSING OFFICER UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961. FOR THIS, REVENUE HAS RAISED FOLLOWING GROUND NO. 1:- (1) THAT IN THE FACTS AND IN THE CIRCUMSTANCES OF T HE CASE AND IN LAW, THE CIT(A) HAS ERRED IN CANCELLING THE PENALTY OF RS.8,51,334/- IMPOSED UNDER SECTION 271(1)(C) OF THE ACT I.T.A. NO.: 1121/ KOL/2011 ASSESSMENT YEAR : 2006-2007 PAGE 2 OF 3 WITHOUT PROPER APPRECIATION OF THE FACTS BROUGHT ON RECORD BY THE AO THAT ASSESSEE DID NOT FILE ANY RETURN OF INCOME BEFORE THE SEARCH WAS CONDUCTED ON 04.09.2006. 3. BRIEFLY STATED THE FACTS ARE THAT A SEARCH AND S EIZURE OPERATION UNDER SECTION 132 OF THE ACT WAS CONDUCTED ON THE B USINESS AND RESIDENTIAL PREMISES OF THE ASSESSEE ON 04.09.2006. IN CONSEQUENCE TO SEARCH, THE ASSESSING OFFICER ISSUED NOTICE UNDER S ECTION 153A OF THE ACT AND THE ASSESSEE FILED RETURN OF INCOME DISCLOSING TOTAL INCOME AT RS.28,37,778/-. THE ASSESSING OFFICER AFTER COMPLET ING THE ASSESSMENT INITIATED THE PENALTY PROCEEDINGS UNDER SECTION 271 (1)(C) AND THEREBY LEVIED THE PENALTY FOR THE REASON THAT THE ASSESSEE FAILED TO FILE DETAILS AND SOURCE OF OTHER INCOMES SO DECLARED IN THE RETU RN OF INCOME. 4. AGGRIEVED AGAINST LEVY OF PENALTY, ASSESSEE PREF ERRED APPEAL BEFORE THE LD. CIT(APPEALS), WHO DELETED THE PENALTY. 5. AGGRIEVED, NOW THE REVENUE CAME IN APPEAL BEFORE THE TRIBUNAL. 6. WE HAVE HEARD THE LD. D.R. AND CAREFULLY GONE TH ROUGH THE FACTS AND CIRCUMSTANCES OF THE CASE. WE FIND THAT THE SEARCH WAS CONDUCTED ON THE BUSINESS AND RESIDENTIAL PREMISES OF THE ASSESSEE O N 04.09.2006 AND THE RELEVANT ASSESSMENT YEAR INVOLVED IS 2006-07. THE R ETURN IN RESPONSE TO SEARCH WAS FILED BY THE ASSESSEE ON 24.11.2008 DISC LOSING TOTAL INCOME AT RS.28,37,778/-. WE FIND FROM THE CASE RECORDS THAT DUE DATE OF FILING OF THE RETURN OF INCOME UNDER SECTION 139(1) WAS NOT E XPIRED AT THE TIME OF SEARCH AND THE ASSESSEE FILED RETURN IN RESPONSE TO NOTICE UNDER SECTION 153A OF THE ACT. WE FIND FROM THE FACTS OF THE CASE THAT THE LD. CIT(APPEALS) HAS CATEGORICALLY RECORDED THE FINDING THAT THE ASSESSING OFFICER HAS NOT DETECTED ANYTHING, ON THE BASIS OF WHICH THE UNDISCLOSED INCOME WAS ASSESSED, I.E. THE UNDISCLOSED ASSET OR INCRIMINATING DOCUMENTS FOUND DURING THE COURSE OF SEARCH, WHICH PROVES THAT THERE IS I.T.A. NO.: 1121/ KOL/2011 ASSESSMENT YEAR : 2006-2007 PAGE 3 OF 3 CONCEALMENT OF INCOME BY THE ASSESSEE. THE ASSESSEE HAS FILED ITS INCOME VOLUNTARILY AND PAID TAXES ALSO. WE FIND NO INFIRMI TY IN THE ORDER OF LD. CIT(APPEALS). HENCE, THE SAME IS CONFIRMED. 7. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON 13 TH DAY OF NOVEMBER, 2015. SD/- SD/- WASEEM AHMED MAHAVIR SINGH (ACCOUNTANT MEMBER (JUDIC IAL MEMBER) KOLKATA, THE 13 TH DAY OF NOVEMBER, 2015 COPIES TO : (1) ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-XXIII, KOLKATA, 18, RABINDRA SARANI, 5 TH FLOOR, KOLKATA-700 001 (2) M/S. J.A. EXPORT INDIA (P) LIMITED, 79/3A, SATYEN ROY ROAD, BEHALA, KOLKATA-700 034 (3) CIT(A), CENTRAL-III, KOLKATA (4) CIT (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ETC ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.