DCIT, Parwanoo V. Smt. Bhupinder Kaur Purewal, Solan

ITA 1196/CHANDI/2016

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 8391 (ITAT-CHANDIGARH)
• Duration Of Justice: 1 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-01-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2011-2012
• Appeal Filed On: 18-11-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANJIT SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH,CHANDIGARH BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND MS. ANNAPURNA GUPTA, ACCOUNTANT MEMBER ITA NO. 1196/CHD/2016 ASSESSMENT YEAR: 2011-12 THE DCIT, VS SMT. BHUPINDER KAUR PUREWAL, CIRCLE, C/O M/S PA PINIONS, PARWANOO. KASAULI ROAD, DHARAMPUR, DISTT. SOLAN (HP). PAN: AASPP4053G A PPELLANT BY : SHRI MANJIT SINGH RESPONDENT BY : SHRI SACHIN JAIN & ITA NO. 1197/CHD/2016 ASSESSMENT YEAR: 2010-11 THE DCIT, VS M/S A & A MODULAR, CIRCLE, VILLAGE BATED, BAROTIWALA, PARWANOO. DISTT. SOLAN (HP). PAN: AAJFA3565H APPELLANT BY : SHRI MANJIT SINGH RESPONDENT BY : SHRI AMRINDER SINGH & ITA NO. 1198/CHD/2016 ASSESSMENT YEAR: 2011-12 THE DCIT, VS M/S HARIPUR PAPER COMPANY, CIRCLE, HARIPUR ROAD, VILLAGE BATEHAR, PARWANOO. BAROTIWALA, BADDI, DISTT. SOLAN (HP). PAN: AADFH3413M (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI MANJIT SINGH RESPONDENT BY : SHRI ATUL GOYAL DATE OF HEARING : 12.01.2017 DATE OF PRONOUNCEMENT : 12.01.2017 2 O R D E R PER BHAVNESH SAINI,JM THIS ORDER SHALL DISPOSE OFF ALL THE DEPARTMENTAL APPEALS FILED ON IDENTICAL GROUNDS. 2. ITA 1196/2016 BY REVENUE HAS BEEN DIRECTED AGAINST THE ORDER OF LD. CIT(APPEALS) SHIMLA DATED 19.09.2016 FOR ASSESSMENT YEAR 2011-12 CHALLENGING THE CANCELLATION OF PENALTY UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT. 3. ITA 1197/2016 BY REVENUE HAS BEEN DIRECTED AGAINST THE ORDER OF LD. CIT(APPEALS) SHIMLA DATED 26.09.2016 FOR ASSESSMENT YEAR 2010-11 CHALLENGING THE CANCELLATION OF PENALTY UNDER SECTION 271(1)(C) OF THE ACT. 4. ITA 1198/2016 BY REVENUE HAS BEEN DIRECTED AGAINST THE ORDER OF LD. CIT(APPEALS) SHIMLA DATED 26.09.2016 FOR ASSESSMENT YEAR 2011-12 CHALLENGING THE CANCELLATION OF PENALTY UNDER SECTION 271(1)(C) OF THE ACT. 5. BRIEFLY THE FACTS IN ALL THE APPEALS ARE THAT ASSESSEE CLAIMED DEDUCTION UNDER SECTION 80IC OF TH E ACT ON ELIGIBLE PROFIT @ 100% OF THE ELIGIBLE PROFI T. THE ASSESSING OFFICER, HOWEVER, RESTRICTED THE CLAIM UN DER SECTION 80IC OF THE ACT TO 25% AND MADE THE ADDITIO NS. 3 THE ORDERS OF THE ASSESSING OFFICER HAVE BEEN CONFI RMED BY THE LD. CIT(APPEALS) SHIMLA AS WELL AS BY ITAT CHANDIGARH BENCH. THE LEAD CASE WAS DECIDED IN THE CASE OF M/S HYCRON ELECTRONICS VS ITO. THE ASSESSIN G OFFICER IN VIEW OF THE DISALLOWANCE OF DEDUCTION UN DER SECTION 80IC OF THE ACT LEVIED THE PENALTY UNDER SE CTION 271(1)(C) OF THE ACT FOR FURNISHING INACCURATE PART ICULARS OF INCOME. 6. THE ASSESSEES HAVE CHALLENGED PENALTY ORDERS BEFORE LD. CIT(APPEALS) AND WRITTEN SUBMISSIONS ARE REPRODUCED IN THE IMPUGNED ORDER. THE LD. CIT(APPEA LS) FOUND THAT THE IDENTICAL ISSUE OF LEVY OF PENALTY H AVE BEEN CONSIDERED AND DECIDED BY ITAT CHANDIGARH BENC H IN ITA 326/CHD/2015 IN THE CASE OF M/S HYCRON ELECTRONICS VS ITO FOR ASSESSMENT YEAR 2009-10 AND PENALTY HAVE BEEN CANCELLED. THE ORDER OF THE TRIBU NAL IS REPRODUCED IN THE IMPUGNED ORDERS. THE LD. CIT(APPEALS) FOLLOWING THE ORDER OF THE TRIBUNAL AB OVE, SET ASIDE THE ORDER OF THE ASSESSING OFFICER AND CANCELLED THE PENALTY. 7. THE LD. DR CONTENDED THAT ITAT CHANDIGARH BENCH IN THE CASE OF M/S HYCRON ELECTRONICS (SUPRA) HAS CANCELLED THE PENALTY ON IDENTICAL FACTS. THEREFOR E, ISSUE IS COVERED. LD. REPRESENTATIVES OF ASSESSEES APPEARING BEFORE US HAVE ALSO CONTENDED SIMILARLY T HAT ISSUE IS COVERED ON IDENTICAL FACTS BY ORDER OF ITA T 4 CHANDIGARH BENCH IN THE CASE OF M/S HYCRON ELECTRON ICS IN WHICH ON IDENTICAL FACTS, PENALTY HAVE BEEN CANC ELLED. 8. ON CONSIDERATION OF THE FACTS OF THE CASE IN THE LIGHT OF SUBMISSIONS OF THE PARTIES, WE ARE OF THE VIEW ISSUE IS COVERED IN FAVOUR OF THE ASSESSEE BY ORDER OF ITAT CHANDIGARH BENCH IN THE CASE OF M/S HYCRON ELECTRONICS VS ITO (SUPRA) IN WHICH ON IDENTICAL FA CTS, PENALTY UNDER SECTION 271(1)(C) OF THE ACT HAS BEEN CANCELLED. THE LD. CIT(APPEALS), THEREFORE, CORREC TLY FOLLOWED THE ORDER OF THE TRIBUNAL FOR THE PURPOSE OF CANCELING THE PENALTY. THERE IS NO MERIT IN ALL TH E APPEALS OF THE REVENUE, SAME ARE ACCORDINGLY DISMIS SED. 9. IN THE RESULT, ALL APPEALS OF THE REVENUE ARE DISMISSED. COPY OF THIS ORDER BE PLACED IN EACH FI LE. ORDER PRONOUNCED IN THE OPEN COURT SD/- SD/- ( ANNAPURNA GUPTA) (BHAVNESH S AINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 12 TH JANUARY, 2017. POONAM COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. THE CIT,DR ASSISTANT REGISTRAR, ITAT/CHD