The ITO, Ward-2(3), AMRELI V. Shri Kantilal Ravjibhai, AMRELI

ITA 114/RJT/2011

• Counselvise Citation: [2011] 119 COUNSELVISE.COM (IT) 7355 (ITAT-RAJKOT)
• Duration Of Justice: 7 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-11-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 03-10-2011
• Assessment Year: 1998-1999
• Appeal Filed On: 06-04-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CJ MANIAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT BEFORE SHRI T.K. SHARMA (JM) AND SHRI A.L. GEHLOT ( AM) I.T.A. NO.114/RJT/2010 (ASSESSMENT YEAR 1998-99) ITO, WD.2(3) VS SHRI KANTILAL RAVJIBHAI AMRELI STREET NO.5, SARDAR NAGAR AMRELI PAN : AFIPV1347J (APPELLANT) (RESPONDENT) DATE OF HEARING : 23-11-2011 DATE OF PRONOUNCEMENT : 25-11-2011 REVENUE BY : SHRI CJ MANIAR ASSESSEE BY : WRITTEN SUBMISSION O R D E R PER T.K. SHARMA (JM) THIS APPEAL BY THE REVENUE IS AGAINST THE ORDER DA TED 18-06-2007 PASSED BY THE CIT(A)-XXI, AHMEDABAD FOR THE ASSESSMENT YEA R 2007-08 ON THE FOLLOWING GROUND: 1. THE LD.CIT(A), HAS ERRED IN LAW AND ON FACTS IN DELETING THE PENALTY OF RS.5,03,840/- LEVIED BY THE AO U/S 271(1 )(C) OF THE ACT, WITHOUT CONSIDERING THE FACTS BROUGHT ON RECORD BY THE AO. 2. IN THE WRITTEN SUBMISSION IT WAS CONTENDED THAT ADDITION OF RS.14,45,136 ON THE BASIS OF WHICH PENALTY U/S 271(1)(C) AMOUNTI NG TO RS. 5,03,840 IS LEVIED HAS BEEN DELETED BY THE TRIBUNAL VIDE ORDER DATED 0 1-02-2008 IN ITA NO.179./RJT/2007 FOR THE ASSESSMENT YEAR 1998-99. IT IS WELL SETTLED LAW WHERE ADDITION MADE IN THE ASSESSMENT ORDER ON THE BASIS OF WHICH PENALTY FOR CONCEALMENT IS LEVIED, ARE DELETED, THEIR REMAINS N O BASIS AT ALL FOR LEVYING PENALTY FOR CONCEALMENT AND THEREFORE IN SUCH A CAS E NO PENALTY CAN SUVIVE. ITA NO.114/RJT/2011 2 ADMITTEDLY, IN THIS CASE, THE ADDITION ON THE BASIS OF WHICH PENALTY OF RS. 5,03,840 WAS LEVIED U/S 271(1)(C) OF THE ACT HAS BE EN DELETED BY THE TRIBUNAL VIDE ORDER DATED 01-02-2008 (SUPRA), THEREFORE, THE VIEW TAKEN BY THE LD.CIT(A) IN THE IMPUGNED ORDER CANCELING THE PENALTY OF RS. 5,0 3,840 IS UPHELD. 3. RESULTANTLY, THE APPEAL OF THE REVENUE IS DISMIS SED. THIS ORDER HAS BEEN PRONOUNCED ON THE DATE AS MENTI ONED ABOVE. SD/- SD/- (A.L. GEHLOT) (T.K. SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER RAJKOT, DT : 25 TH NOVEMBER, 2011 PK/- COPY TO: 1. ASSESSEE 2. REVENUE 3. THE CIT(A)-XXI, RAJKOT 4. THE CIT-III, RAJKOT 5. THE DR, I.T.A.T., RAJKOT (TRUE COPY) BY ORDER ASSTT.REGISTRAR, ITAT, RAJKOT