DCIT, Ludhiana V. Sh. Mahesh Kumar Goyal, Ludhiana

ITA 1159/CHANDI/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 5214 (ITAT-CHANDIGARH)
• Duration Of Justice: 1 year(s) 3 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-02-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2011-2012
• Appeal Filed On: 09-11-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANJIT SINGH

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES B, CHANDIGARH BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER & MS. ANNAPURNA GUPTA, ACCOUNTANT MEMBER ITA NO. 1159/CHD/2016 ASSESSMENT YEAR: 2011-12 THE DCIT, VS. SH. MAHESH KUMAR GOYAL, CIRCLE-6, 259, INDUSTRIAL AREA-A. LUDHIANA PAN NO. ABGPG2297L (APPELLANT) (RESPONDENT) APPELLANT BY : SH. MANJIT SINGH, SR.DR RESPONDENT BY : SH. ASHWANI KUMAR, MS. KANIKA GUP TA, CAS DATE OF HEARING : 11.12.2017 DATE OF PRONOUNCEMENT : 23.02.2018 ORDER PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASSESS EE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEAL S), [HEREINAFTER REFERRED TO AS CIT(A)]-3, LUDHIANA DATED 17.08.2016 . 2. THE REVENUE HAS AGITATED THE ACTION OF THE CIT(A ) IN RESTRICTING THE PENALTY IMPOSED BY THE ASSESSING OFFICER U/S 14 0A(3) OF THE INCOME-TAX ACT, 1961 (IN SHORT 'THE ACT'), FROM 10 0% TO 10%. THE IMPUGNED PENALTY WAS LEVIED BY THE ASSESSING OFFICE R FOR LATE DEPOSIT OF SELF-ASSESSMENT TAX @ 100% OF THE TAX PAYABLE. HOWEVER, BEFORE 2 THE CIT(A), THE ASSESSEE PLEADED THAT THE ASSESSEE WAS NOT IN POSSESSION OF SUFFICIENT FUNDS, HENCE, HE COULD NOT DEPOSIT THE TAX IN TIME. HOWEVER, THE ASSESSEE HAS DEPOSITED THE ENTI RE DUE TAX ALONG WITH INTEREST AS PER THE PROVISIONS. THAT THERE WAS NO INTENTION OF THE ASSESSEE TO DELAY THE DEPOSIT OF TAX. FURTHER THAN THE ASSESSEE WAS NOT A HABITUAL DEFAULTER. THE LD. CIT(A) CONSIDERIN G OVERALL FACTS AND CIRCUMSTANCES OF THE CASE HAS RESTRICTED THE PE NALTY TO 10% OF THE OUTSTANDING SELF-ASSESSMENT TAX. 3. AFTER CONSIDERING THE RIVAL SUBMISSIONS, WE DO N OT FIND ANY INFIRMITY IN THE ORDER OF THE CIT(A) AND THE SAME IS UPHELD. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS HERE BY DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (ANNAPURNA GUPTA) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 23 .02.2018 RKK COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR