REKHA RAM JAT, Jaipur V. ITO, Jaipur

ITA 1135/JPR/2016

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 9722 (ITAT-JAIPUR)
• Duration Of Justice: 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-02-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2006-2007
• Appeal Filed On: 27-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJ MEHRA DHK
• Assessee Lawyers: G M MEHTA
• Section: 144

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES (SMC), JAIPUR JH HKKXPAN] YS[KK LNL; ] DS LE{K BEFORE: SHRI BHAGCHAND, ACCOUNTANT MEMBER VK;DJ VIHY LA-@ ITA NO. 1135/JP/2016 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2006-07 REKHA RAM JAT, VILLAGE & POST NIMEDA, JAIPUR. CUKE VS. INCOME TAX OFFICER, WARD 7(2), JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: AURPR 3768 F VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI G.M. MEHTA (ADV.) JKTLO DH VKSJ LS@ REVENUE BY : SHRI RAJ MEHRA LQUOKBZ DH RKJH[K@ DATE OF HEARING : 27/02/2017 MN?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 27/02/2017 VKNS'K@ ORDER PER: BHAGCHAND, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER DATED 13/10/2016 PASSED BY THE LD. CIT(A)-35, NEW DELHI/CA MP OFFICE AT JAIPUR FOR THE A.Y. 2006-07. THE ONLY ISSUE INVOLVED IN THI S APPEAL IS LEVYING THE PENALTY OF RS. 1.50 LACS MADE U/S 271(1)(C) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED AS THE ACT) AND CONFIRMING TH E SAME BY THE LD. CIT(A) BY PASSING AN EX PARTE ORDER ON 13/10/2016. ITA 1135/JP/2016_ REKHA RAM JAT VS ITO 2 2. FOLLOWING FACTS CAN BE NOTED FROM THE RECORDS THA T THE ASSESSEE IS AN AGRICULTURIST AND LIVES IN A VILLAGE. THE ASSESSMEN T WAS COMPLETED BY THE ASSESSING OFFICER U/S 144 OF THE ACT VIDE ORDER DAT ED 22/12/2008, IN WHICH THE ASSESSING OFFICER ASSESSED TOTAL UNDISCLOSED IN COME OF RS. 60.50 LACS, FOR WHICH, THE PENALTY U/S 271(1)(C) OF THE ACT WAS I NITIATED. THEREAFTER, IN THE APPEAL, THE LD. CIT(A) HAD REDUCED THE ADDITION TO RS. 8,02,942/-, WHICH WAS UPHELD BY THE HONBLE ITAT VIDE ORDER DATED 20/04/2012 PASSED IN ITA NO. 525/JP/2011. IT IS PERTINENT TO NOTE THA T THIS INCOME WAS TO BE ASSESSED UNDER THE HEAD CAPITAL GAIN. THE PENALTY OF RS. 1.50 LACS WAS LEVIED FOR CONCEALING THE PARTICULARS OF CAPITAL GA IN INCOME TO THE TUNE OF RS. 8,02,942/-. HOWEVER, FROM THE ORDER OF THE LD. CIT(A), IT IS NOTICED THAT HE HAS AFFIRMED THE LEVY OF PENALTY FOR AN EX PARTE ORDER. 3. THE ASSESSEE HAS CHALLENGED THIS EX PARTE ORDER O F LD. CIT(A) BEFORE THIS BENCH. 4. AFTER HEARING OF BOTH THE SIDES AND TAKING INTO ALL ASPECTS OF THE CASE, I AM OF THE CONSIDERED VIEW THAT THE ASSESSEE DESERV ES A FRESH HEARING OF APPEAL AT THE LEVEL OF LD. CIT(A) FOR LEVYING OF PE NALTY. THE ADDITION WAS MADE BY THE ASSESSING OFFICER FOR UNDISCLOSED INCOM E OF RS. 60.50 LACS DEPOSITED IN THE BANK ACCOUNT AND PENALTY WAS INITIA TED,. BUT THE LD. CIT(A) HAS BEEN SUBSTANTIALLY REDUCED THE ADDITION AND ALS O HEAD OF INCOME IN THE ITA 1135/JP/2016_ REKHA RAM JAT VS ITO 3 QUANTUM APPEAL. THEREFORE, IN THE INTEREST OF JUSTIC E AND EQUITY, I RESTORE THIS ISSUE TO THE FILE OF THE LD. CIT(A) TO DECIDE T HE MATTER AFRESH IN ACCORDANCE WITH LAW AFTER PROVIDING ADEQUATE OPPORTU NITY OF BEING HEARD TO THE ASSESSEE. ACCORDINGLY, THIS ISSUE IS RESTORE TO THE FILE OF THE LD. CIT(A). 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES ONLY. ORDER PRONOUNCED IN THE OPEN COURT ON 27/02/2017. SD/- HKKXPAN (BHAGCHAND) YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 27 TH FEBRUARY, 2017 *RANJAN VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- SMT. REKHA RAM JAT, NIMEDA, JAIPUR. 2. IZR;FKHZ @ THE RESPONDENT- THE ITO, WARD 7(2), JAIPUR. 3. VK;DJ VK;QDR @ CIT 4. VK;DJ VK;QDRVIHY @ THE CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR, ITAT, JAIPUR 6. XKMZ QKBZY @ GUARD FILE (ITA NO. 1135/JP/2016) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR