The ACIT(OSD) Circle-9, Ahmedabad V. Shri Vishal M.Chokshi, Ahmedabad

ITA 1195/AHD/2011

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 76700 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 1 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-05-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 25-04-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 21-04-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P L KUREEL
• Assessee Lawyers: S N DIVETIA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH BEFORE: SRI D.K TYAGI, JUDICIAL MEMBER AND SHRI N.S. SAINI, ACCOUNTANT MEM BER ACIT (OSD), CIRCLE-9, AHMEDABAD (APPELLANT) VS SHRI VISHAL M. CHOKSHI, 28/D, JAHANVI BUNGLOWS, S.G. HIGHWAY, THALTEJ, AHMEDABAD PAN: AAYPC9709J (RESPONDENT) REVENUE BY: SRI P.L KUREEL, SR.D.R. ASSESSEE BY: SRI S.N. DIVETIA, A.R. DATE OF HEARING : 25-04-2014 DATE OF PRONOUNCEMENT : 23-05-20 14 / ORDER PER : D.K. TYAGI, JUDICIAL MEMBER:- THIS IS THE REVENUES APPEAL AGAINST THE ORDER OF LD. CIT(A)-XV AHMEDABAD DATED 9 TH MARCH, 2011 FOR THE ASSESSMENT YEAR 2007-08 DELETING THE PENALTY OF RS. 5,29,610/- LEVIED U/S. 271(1)(C) OF THE ACT BY ITA NO.1195/AHD/2011 ASSESSMENT YEAR 2007-08 I.T.A NO.1195/AHD/2011 A.Y. 2007-08 PAGE NO ACIT VS. VISHAL M. CHOKSHI 2 ASSESSING OFFICER. THIS PENALTY HAS BEEN LEVIED BY AO ON THE ADDITION OF RS. 5,72,250/- AND RS. 10,67,885/- U/S. 40(A)(IA) O F THE ACT AS ASSESSEE DID NOT DEDUCT TAX ON THE PAYMENT OF FREIGHT CHARGE S OF RS. 5,72,250/- AND TDS DEDUCTED ON PAYMENT OF FREIGHT CHARGES OF RS. 1 0,67,885/- WAS NOT PAID ON OR BEFORE THE DUE DATE. 2. LD. CIT(A) DELETED THE PENALTY LEVIED BY AO ON THE GROUND THAT THE FACT THAT ON PAYMENT OF RS. 10,67,885/-, TDS WAS DE POSITED LATE WAS DULY REPORTED IN THE AUDIT REPORT THEREFORE NO CASE OF F ILING OF INACCURATE PARTICULARS OR CONCEALMENT OF INCOME IS MADE OUT. WITH RESPECT TO NON- DEDUCTION OF TDS ON RS. 5,72,250/- AO HAS NOT MENTI ONED A SINGLE LINE AS TO HOW IT CONSTITUTED INACCURATE PARTICULARS OR CON CEALMENT. LD. CIT(A) THEREFORE WAS OF THE VIEW THAT FOR TECHNICAL BREACH PENALTY U/S. 271(1)(C) IS NOT WARRANTED EVEN ON RS. 5,72,250/- AS NO MATERIAL HAS BEEN BROUGHT ON RECORD BY THE AO IN THE PENALTY ORDER TO JUSTIFY TH E PENALTY WHICH HAS BEEN MECHANICALLY IMPOSED AND DIRECTED THE AO TO DELETE THE PENALTY IMPOSED BY HIM. WE FEEL NO NEED TO INTERFERE WITH THE ORDE R OF LD. CIT(A) AND THE SAME IS HEREBY UPHELD. 3. IN THE RESULT, REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE AT CAPTION PAGE SD/- SD/- (N.S. SAINI) ( D.K. TYAGI) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD : DATED 23/05/2014 AK I.T.A NO.1195/AHD/2011 A.Y. 2007-08 PAGE NO ACIT VS. VISHAL M. CHOKSHI 3 / COPY OF ORDER FORWARDED TO:- 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,