The Ludhiana Improvement Trust, Ludhiana V. DCIT, Ludhiana

ITA 1217/CHANDI/2010

• Counselvise Citation: [2014] 120 COUNSELVISE.COM (IT) 5386 (ITAT-CHANDIGARH)
• Duration Of Justice: 3 year(s) 3 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-01-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 15-01-2014
• Assessment Year: 2003-2004
• Appeal Filed On: 18-10-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANJIT SINGH
• Section: 12AA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCH B, CHANDIGARH BEFORE SHRI T.R.SOOD, ACCOUNTANT MEMBER AND MS. SUSHMA CHOWLA, JUDICIAL MEMBER ITA NO.1217 /CHD/2010 (ASSESSMENT YEAR : 2003-04) THE LUDHIANA IMPROVEMENT TRUST, VS. THE D.C.I.T ., FEROZE GANDHI MARKET, CIRCLE VI, LUDHIANA. LUDHIANA. PAN: AAATL4452F (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI ASHWANI KUMAR RESPONDENT BY : SHRI MANJIT SINGH, DR DATE OF HEARING : 15.01.2014 DATE OF PRONOUNCEMENT : 20.01.2014 O R D E R PER SUSHMA CHOWLA, J.M. : THE APPEAL FILED BY THE ASSESSEE IS AGAINST THE ORD ER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-II, LUDHIANA D ATED 09.08.2010 RELATING TO ASSESSMENT YEAR 2003-04 AGAINST THE PEN ALTY LEVIED U/S 271(1)(C) OF THE INCOME TAX ACT, 1961 (IN SHORT TH E ACT). 2. THE ONLY GROUND OF APPEAL RAISED BY THE ASSESSE E READS AS UNDER: 1. THAT ORDER PASSED BY THE LD. COMMISSIONER OF I NCOME- TAX (APPEALS)-II, LUDHIANA UPHOLDING PENALTY U/S 271(1)(C) AMOUNTING TO RS.57,59,419/- IS AGAINST LAW AND FACTS ON THE FILE IN AS MUCH AS NO SUCH PEN ALTY WAS EXIGIBLE IN THE FACTS AND CIRCUMSTANCES OF THE CASE. 3. THE LEARNED A.R. FOR THE ASSESSEE AT THE OUTSET POINTED OUT THAT THE QUANTUM APPEAL IN THE CASE HAD BEEN DECIDED BY THE TRIBUNAL AND THE ISSUE WAS SENT BACK TO THE ASSESSING OFFICER AND TH US THERE IS NO MERIT IN THE PENALTY LEVIED U/S 271(1)(C) OF THE ACT. 2 4. THE LEARNED D.R. FOR THE REVENUE PLACED RELIANCE ON THE ORDERS OF THE AUTHORITIES BELOW. 5. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORD. THE ISSUE ARISING IN THE PRESENT APPEAL IS IN RELATION TO LEVY OF PENALTY U/S 271(1)(C) OF THE ACT CONSEQUENT TO THE QUANTUM ADDI TION MADE IN THE HANDS OF THE ASSESSEE. HOWEVER, THE TRIBUNAL IN IT A NO.220/CHD/2008 ALONGWITH ITA NO.603/CHD/2011 VIDE CONSOLIDATED OR DATED 18.4.2013 HAD RESTORED BACK THE APPEAL TO COMMISSIONER OF INC OME TAX TO BE DECIDED AFTER CONSIDERING THE OUTCOME OF THE APPEAL IN ITA NO.603/CHD/2011 UNDER SECTION 12AA OF THE ACT. IN VIEW THEREOF, THE QUANTUM ADDITIONS HAVE BEEN SET ASIDE TO THE FILE O F THE COMMISSIONER OF INCOME TAX TO BE DECIDED AFTER CONSIDERING THE OUTC OME OF THE APPEAL IN ITA NO.603/CHD/2011 UNDER SECTION 12AA OF THE ACT. WE ARE OF THE VIEW THAT THE PENALTY PROCEEDINGS BE SENT BACK TO T HE FILE OF THE CIT (APPEALS) TO DECIDE THE SAME PURSUANT TO THE DECISI ON IN THE QUANTUM APPEAL. THE GROUND OF APPEAL RAISED BY THE ASSESSE E IS ALLOWED FOR STATISTICAL PURPOSES. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS AL LOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 20 TH DAY OF JANUARY, 2014. SD/- SD/- (T.R.SOOD) (SUSHMA CHOWLA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED 20 TH JANUARY, 2014 *RATI* COPY TO: THE APPELLANT/THE RESPONDENT/THE CIT(A)/TH E CIT/THE DR. ASSISTANT REGISTRAR, ITAT, CHANDIGARH 3