Shri Devidas Harilal Pasiawala, Surat V. The Income Tax Officer, Ward-1(2)(1), Surat

ITA 1257/AHD/2017

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 5318 (ITAT-SURAT)
• Duration Of Justice: 2 year(s) 8 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-02-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 23-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: H N VEPARI

Judgement Text

SHRI DEVIDAS HARILAL PASIAWALA VS. ITO, WARD-1(2)(1), SURAT /ITA NO.1257/AHD/2017 PAGE 1 OF 3 , , IN THE INCOME TAX APPELLATE TRIBUNAL SURAT BENCH, SURAT BEFORE SHRI SANDEEP GOSAIN, HON'BLE JUDICIAL MEMBER AND SHRI O.P.MEENA, HON'BLE ACCOUNTANT MEMBER . . ./ I.T.A NO.1257/AHD/2017 [ [ / ASSESSMENT YEAR: 2008-09 SHRI DEVIDAS HARILAL PASIAWALA, 3/1885, KHANGAD SHERI, SALABATPURA, SURAT 395003. [PAN: AIIPP 0890 K] V S . THE INCOME TAX OFFICER, CIT(EXEMPTIONS), AHMEDABAD. / APPELLANT /RESPONDENT [ /ASSESSEE BY SHRI H.N.VEPARI CA /REVENUE BY SHRI SREENIVAS T.BIDARI CIT-DR / DATE OF HEARING: 04.02.2020 /PRONOUNCEMENT ON: 07.02.2020 /O R D E R PER SANDEEP GOSAIN, JM: 1. THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD.COMMISSIONER OF INCOME TAX(APPEALS)-2, SURAT DATED 03.04.2017 FOR THE ASSESSMENT YEAR 2008-09. 2. GROUNDS RAISED BY THE ASSESSEE READ AS UNDER: 1 ON THE FACTS AND CIRCUMSTANCES OF THE CASE AS WELL AS LAW ON THE SUBJECT, THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) HAS ERRED IN CONFIRMING THE ACTION OF ASSESSING OFFICER IN LEVYING PENALTY OF RS.4,22,271/- U/S.271(1)(C) OF THE I.T.ACT, 1961. 2. IT IS THEREFORE PRAYED THAT THE ABOVE PENALTY LEVIED BY THE ASSESSING OFFICER AND CONFIRMED BY THE CIT(A) MAY PLEASE BE DELETED. 3. APPELLANT CRAVES LEAVE TO ADD, ALTER OR DELETE ANY GROUND(S) EITHER BEFORE OR IN THE COURSE OF HEARING OF THE APPEAL. SHRI DEVIDAS HARILAL PASIAWALA VS. ITO, WARD-1(2)(1), SURAT /ITA NO.1257/AHD/2017 PAGE 2 OF 3 3. BRIEF FACTS OF THE CASE ARE THAT THE LD.AUTHORISED REPRESENTATIVE OF THE ASSESSEE POINTED OUT BEFORE US THAT THE ADDITION HAVE ALREADY BEEN DELETED BY HON'BLE ITAT IN ITA NO.830/AHD/2014/SRT FOR A.Y. 2008-09 IN ASSESSEES OWN CASE. HE FURTHER SUBMITTED THAT SINCE THE QUANTUM ADDITION WAS DELETED BY THE HON'BLE ITAT, THE PRESENT PENALTY PROCEEDINGS BECOME INFRUCTUOUS, THEREFORE IMPOSITION UPHELD BY THE LD.CIT(A) MAY BE DISMISSED. 4. PER CONTRA, THE LD.SENIOR DEPARTMENTAL REPRESENTATIVE DID NOT OPPOSE THE FINDINGS PLACED BY LD.AR. 5. WE HAVE HEARD COUNSELS FOR BOTH THE PARTIES AND WE HAVE ALSO PERUSED THE RECORDS AND NOTICED THAT AS IN THE MAIN APPEAL, THE HON'BLE ITAT HAS ALREADY BEEN DISMISSED THE QUANTUM ADDITION IN ASSESSEES OWN CASE, THUS, THIS IMPOSITION OF PENALTY PROCEEDINGS ARRIVING OUT OF THOSE ADDITIONS DO NOT SURVIVE, ACCORDINGLY, THIS APPEAL OF THE ASSESSEE ACCEPTED AND PENALTY ALSO STANDS DELETED. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED. 7. ORDER PRONOUNCED IN THE OPEN COURT ON 07-02-2020. SD/- SD/- (O.P.MEENA) (SANDEEP GOSAIN) ( /ACCOUNTANT MEMBER) ( /JUDICIAL MEMBER) / SURAT, DATED : 7 TH FEBRUARY , 2020/ S.GANGADHARA RAO, SR.PS COPY OF ORDER SENT TO- ASSESSEE/AO/PR. CIT/ CIT (A)/ ITAT (DR)/GUARD FILE OF ITAT. BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR, SURAT SHRI DEVIDAS HARILAL PASIAWALA VS. ITO, WARD-1(2)(1), SURAT /ITA NO.1257/AHD/2017 PAGE 3 OF 3