ITO, Namakkal V. Shri E.Santhosam Legal Heir of Late Shri S.Peeter, Namakkal

ITA 1253/CHNY/2009

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 64201 (ITAT-CHENNAI)
• Duration Of Justice: 3 year(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-09-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 03-09-2012
• Assessment Year: 2001-2002
• Appeal Filed On: 07-08-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S DAS GUPTA IRS

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI BEFORE DR. O.K. NARAYANAN, VICE-PRESIDENT AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER I.T.A.NO. 1253/MDS/2009 ASSESSMENT YEAR : 2001-02 THE INCOME-TAX OFFICER, WARD-I(2), NO.39-D, DR. SHANKARAN ROAD NAMAKKAL 637001. VS. SHRI E. SANTHOSAM, L/H OF LATE S. PEETER, NO.1A, PAVADI STREET, P. VELUR TALUK, NAMAKKAL 638 182. PAN AAZPP5163C (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI S. DAS GUPTA, IRS, JC IT RESPONDENT BY : NONE DATE OF HEARING : 3 RD SEPTEMBER, 2012 DATE OF PRONOUNCEMENT : 3 RD SEPTEMBER , 2012 O R D E R PER DR. O.K. NARAYANAN, VICE-PRESIDENT THIS APPEAL IS FILED BY THE REVENUE. THE RELEVANT ASSESSMENT YEAR IS 2001-02. THE APPEAL IS DIRECTED AGAINST THE ITA 1253/09 :- 2 -: ORDER OF THE COMMISSIONER OF INCOME-TAX(APPEALS) AT SALEM DATED 29.5.2009. THE APPEAL ARISES OUT OF THE PENA LTY ORDER PASSED UNDER SEC.271(1)(C) OF THE INCOME-TAX ACT, 1 961. 2. THE PENALTY AMOUNT LEVIED IN THE PRESENT CASE IS ` 2,25,330/-. 3. WHEN THE MATTER WAS CALLED ON FOR HEARING, NOBOD Y WAS PRESENT FOR THE RESPONDENT-ASSESSEE, IN SPITE OF NO TICE. 4. SHRI S. DAS GUPTA, THE LEARNED JOINT COMMISSIONE R OF INCOME-TAX APPEARED FOR THE REVENUE AND CONTENDED T HE CASE. 5. WE ARE PROCEEDING TO DISPOSE OF THE APPEAL EX PA RTE, QUA, THE ASSESSEE. 6. THE CORRESPONDING QUANTUM APPEAL IN ASSESSEES C ASE FOR THE IMPUGNED ASSESSMENT YEAR WAS DISPOSED OF BY THE INCOME- TAX APPELLATE TRIBUNAL, CHENNAI D BENCH THROUGH I TS ORDER DATED 9.11.2007 PASSED IN ITA NOS.593 &594/2006. AFTER C ONSIDERING THE FACTS AND CIRCUMSTANCES OF THE CASE, THE TRIBUN AL HELD THAT IT IS APPROPRIATE TO REMIT BACK THE ISSUE OF VALUATION OF COST OF CONSTRUCTION. ACCORDINGLY, THE MATTER WAS REMITTED BACK TO THE ITA 1253/09 :- 3 -: ASSESSING OFFICER TO APPLY STATE PWD RATES FOR ESTI MATING THE COST OF CONSTRUCTION AND RE-DO THE ASSESSMENT. 7. IN THESE CIRCUMSTANCES, WE FIND THAT THE SUBSTRA TUM OF LEVYING PENALTY IN THE IMPUGNED PROCEEDINGS CHALLEN GED BEFORE US, IS FRUSTRATED. AS THE ASSESSMENT ITSELF HAS GO NE BACK TO THE ASSESSING OFFICER, THE QUESTION OF PENALTY IN THE P RESENT CASE IS PREMATURE. THEREFORE, THIS APPEAL FILED BY THE REV ENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING ON MONDAY, THE 3 RD OF SEPTEMBER, 2012 AT CHENNAI. SD/- SD/- (CHALLA NAGENDRA PRASAD) (DR .O.K.NARAYANAN) JUDICIAL MEMBER VICE-PRESIDENT CHENNAI, DATED THE 3 RD SEPTEMBER, 2012 MPO* COPY TO : APPELLANT/RESPONDENT/CIT/CIT(A)/DR