PRAVINCHANDRA DWARKADAS DALAL, MUMBAI V. ITO 14(2)(2), MUMBAI

ITA 1130/MUM/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 1847 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 8 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-11-2016
• Appeal Filed By: Assessee
• Bench Allotted: C
• Next Hearing Date: 08-09-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 20-02-2014
• Court: TRIBUNAL
• Department Lawyers: C W ANGOLKAR
• Assessee Lawyers: B PAREKH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI BEFORE SHRI B.R. BASKARAN (AM) & SHRI PAWAN SINGH (JM) I.T.A. NO. 1130 /MUM/ 2014 (ASSESSMENT YEAR 200 7 - 0 8 ) PRAVINCHANDRA DWARKADS DALAL PLOT NO. 33, ABCD GOVT. INDUSTRIAL ESTATE CHARKOP, KANDIVALI W EST MUMBAI - 400 067. VS. ITO WARD 14(2)(2) 3 RD FLOOR EARNEST HOUSE NARIMAN POINT MUMBAI - 400 021. ( APPELLANT ) ( RESPONDENT ) PAN NO . AEKPD9781R ASSESSEE BY SHRI B. PAREKH DEPARTMENT BY SHRI C.W. ANGOLKAR DATE OF HEARING 3 .1 1 . 201 6 DATE OF PRONO UNCEMENT 18 . 11 . 201 6 O R D E R PER B.R. BASKARAN (AM) : - THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 03 - 01 - 2014 PASSED BY LD CIT(A) CONFIRMING THE PENALTY OF RS.46,167/ - LEVIED BY THE AO FOR ASSESSMENT YEAR 2007 - 08 U/S 271(1)(C) OF THE ACT. 2. THE FACTS RELATING TO THE ISSUE ARE SET OUT IN BRIEF. THE AO NOTICED FROM THE TDS CERTIFICATE FILED BY THE ASSESSEE THAT THE TDS WAS DEDUCTED ON THE INTEREST OF RS.5,39,164/ - , WHEREAS THE ASSESSEE HAS OFFERED A SUM OF RS.3,88,288/ - IN HIS RETURN OF INCOME. THE ASSESSEE CLAIMED CREDIT FOR TDS AS PER TDS CERTIFICATE. HENCE THE AO ADDED THE DIFFERENCE AND THE SAID ADDITION WAS CONFIRMED BY THE LD CIT(A). SUBSEQUENTLY THE AO ALSO LEVIED PENALTY U/S 271(1)(C) OF THE ACT AND THE SAME WAS AL SO CONFIRMED BY LD CIT(A). AGGRIEVED, THE ASSESSEE HAS FILED THIS APPEAL BEFORE US. PRAVINCHANDRA DWARKADS DALAL 2 3. THE LD A.R SUBMITTED THAT THE ASSESSEE HAS MADE PREMATURE CLOSURE OF FIXED DEPOSITS HELD IN THE BANK AND HENCE THE BANK HAS LEVIED PENALTY BY REDUCING THE INTEREST. ACCORDINGLY IT WAS EXPLAINED THAT THE ASSESSEE DID NOT RECEIVE DIFFERENCE INTEREST OF RS.1,50,876/ - AND HENCE HE DID NOT OFFER THE SAME AS INCOME. HE SUBMITTED THAT THE EXPLANATION OF THE ASSESSEE WAS NOT ACCEPTABLE TO THE TAX AUTHORITIES. HE SUBMITTED THAT THE EXPLANATION OF THE ASSESSEE HAS NOT BEEN FOUND TO BE FALSE. HE FURTHER SUBMITTED THAT THE PENALTY LEVIED IN THE ASSESSEES SPOUSE CASE ON IDENTICAL REASONING HAS BEEN DELETED BY THE CO - ORDINATE BENCH IN THE CASE OF JYOTI PRAVINDCHANDRA DALAL VS. ITO (ITA NO.1129/MUM/2014 DATED 09 - 02 - 2016. 4. ON THE CONTRARY THE LD D.R STRONGLY SUPPORTED THE ORDERS PASSED BY LD CIT(A). 5. WE HAVE HEARD RIVAL CONTENTIONS AND PERUSED THE RECORD. ON IDENTICAL SET OF FACTS, THE CO - ORDINATE BENCH HAS TAKEN FOLLO WING VIEW IN THE ASSESSEES SPOUSE CASE, REFERRED SUPRA: - .......WE FOUND THAT THERE WAS FULL DISCLOSURE OF FACTS WITH REGARD TO ACTUAL AMOUNT RECEIVED BY THE ASSESSEE. MERELY BECAUSE THE ASSESSEE HAS CLAIMED FULL AMOUNT OF TDS AS PER THE CERTIFICATE GIV EN BY THE BANK DOES NOT AMOUNT TO FURNISHING ANY WRONG INFORMATION. ASSESSEE WAS ACTUALLY IN RECEIPT OF LOWER AMOUNT OF INTEREST INCOME BECAUSE OF PREMATURE ENCASHMENT OF FDS. ACCORDINGLY WE DO NOT FIND ANY MERIT FOR THE PENALTY OF RS.14,151/ - IMPOSED BY THE AO. ACCORDINGLY WE DIRECT THE AO TO DELETE THE PENALTY. CONSISTENT WITH THE VIEW TAKEN IN THE ABOVE SAID CASE, WE ALSO HOLD THAT THERE IS NO CASE FOR LEVYING PENALTY U/S 271(1)(C) OF THE ACT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. ACCORDINGLY WE SET ASIDE THE ORDER PASSED BY LD CIT(A) AND DIRECT THE AO TO DELETE THE IMPUGNED PENALTY. PRAVINCHANDRA DWARKADS DALAL 3 6. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. ORDER HAS BE EN PRONOUNCED IN THE COURT ON 18 .1 1 .2016 SD/ - SD/ - (PAWAN SINGH) (B.R .BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 18 / 1 1 / 20 1 6 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A ) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( DY./ASSTT. REGISTRAR) ITAT, MUMBAI PS