Shri Tanshukhrai N. Gaur, Baroda V. The Dy.CIT.,Circle-2(2), Baroda

ITA 1236/AHD/2010

• Counselvise Citation: 123620514 RSA 2010
• Duration Of Justice: 2 year(s) 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-10-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2002-2003
• Appeal Filed On: 20-04-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T SHANKAR
• Assessee Lawyers: S N SOPARKAR
• Keywords: Income from undisclosed sources

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, D BENCH, AHMEDABAD BEFORE SHRI A. K. GARODIA, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER I.T.A. NO. 1236/ AHD/2010 (ASSESSMENT YEAR 2002-03) MR. TANSUKHAI N GAUR, 12, ADARSH NAGAR SOCIETY, NEAR CHHANI JAKAT NAKA, VADODARA-390002 VS. CIT(A) II, BARODA PAN/GIR NO. : AEBG0408B (APPELLANT) .. (RESPONDENT) APPELLANT BY: SHRI S N SOPARKAR, SR. ADV. RESPONDENT BY: SHRI T. SHANKAR, SR. DR DATE OF HEARING: 31.08.2012 DATE OF PRONOUNCEMENT: 05.10.2012 O R D E R PER SHRI A. K. GARODIA, AM:- THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF LD. CIT(A) II, BARODA DATED 19.01.2010 FOR THE ASSESSME NT YEAR 2002-03. THE GROUNDS RAISED BY THE ASSESSEE ARE AS UNDER: THE A.O. HAS ERRED IN CONFIRMING THE PENALTY OF RS .12,67,100/- U/S 271(1)(C) FOR UNACCOUNTED INCOME OF RS.40,30,82 5/-. THE SAME IS NOT JUSTIFIED AND BE DELETED. 3. AT THE VERY OUTSET, IT WAS SUBMITTED BY THE LD. A.R. THAT IN QUANTUM PROCEEDINGS, THE ISSUE HAS BEEN RESTORED BA CK BY THE TRIBUNAL TO THE FILE OF THE A.O. FOR A FRESH DECISION. HE SUBM ITTED A COPY OF THE TRIBUNAL ORDER IN QUANTUM PROCEEDINGS IN I.T.A.NO. 1488/AHD/2008 DATED I.T.A.NO.1236/AHD/2010 2 06 TH JULY 2011. IT WAS ALSO SUBMITTED THAT SINCE QUANTU M ADDITION IS SET ASIDE, PRESENT PENALTY CANNOT SURVIVE. LD. D.R. SU PPORTED THE ORDERS OF AUTHORITIES BELOW. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS, PERUSE D THE MATERIAL ON RECORD AND HAVE GONE THROUGH THE ORDERS OF AUTHORIT IES BELOW. WE FIND THAT AS PER THE TRIBUNAL ORDER IN QUANTUM PROCEEDIN GS, THE MATTER OF THIS ADDITION IN DISPUTE WAS SET ASIDE BY THE TRIBUNAL A ND IT WAS RESTORED TO THE FILE OF THE A.O. FOR A FRESH DECISION. UNDER THESE FACTS, PRESENT PENALTY CANNOT SURVIVE. HOWEVER, THE A.O. IS AT LIBERTY TO LEVY PENALTY AFRESH AS PER LAW IF HE THINKS SO AND IF ADDITION IS MADE AGA IN IN THE SET ASIDE PROCEEDINGS. WITH THESE OBSERVATIONS, WE DECLINE T O INTERFERE IN THE ORDER OF LD. CIT(A). 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. 6. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE M ENTIONED HEREINABOVE. SD./- SD./- (KUL BHARAT) (A. K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER SP COPY OF THE ORDER FORWARDED TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE LD. CIT (APPEALS) 5. THE DR, AHMEDABAD BY ORDER 6. THE GUARD FILE AR,ITAT,AHMEDABAD I.T.A.NO.1236/AHD/2010 3 1. DATE OF DICTATION 24/09/2012 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 26/09/12.OTHER MEMBER 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P .S./P.S. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 05/10/2012 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S./P.S.9/10/12 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 0 9.10.2012 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK .. 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER . 9. DATE OF DESPATCH OF THE ORDER. .