Sh. Dashrath Kumar, Ludhiana V. ITO, Ludhiana

ITA 1266/CHANDI/2010

• Counselvise Citation: 126621514 RSA 2010
• Duration Of Justice: 1 year(s) 3 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-02-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 24-01-2012
• Assessment Year: 2004-2005
• Appeal Filed On: 08-11-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAI SHREE SHARMA
• Section: 69

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCH B CHANDIGARH BEFORE SHRI H.L.KARWA, VICE PRESIDENT AND SHRI MEHAR SINGH, ACCOUNTANT MEMBER ITA NO. 1266/CHD/2010 ASSESSMENT YEAR: 2004-05 SHRI DASHRATH KUMAR, V ITO-V(1), PROP. NAV DURGA EXPELLER INDS., LUDHIANA. 106, SHIV MARKET, MILLER GANJ, LUDHIANA. PAN: AAOPV-4394C (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SUDHIR SEHGAL RESPONDENT BY : SMT. JAISHREE SHARMA DATE OF HEARING : 24.01.2012 DATE OF PRONOUNCEMENT : 8.2.2012 ORDER PER MEHAR SINGH, AM THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST ORDER OF CIT(A) LUDHIANA PASSED U/S 250(6) OF THE INCOME-TAX ACT,1961 (IN SHORT 'THE ACT') DATED 17.09.2010 RELATING TO ASSESSMENT YEAR 2004-05. 2. IN THIS APPEAL, THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL: 1. THAT THE LD. CIT(A) HAS ERRED IN CONFIRMING THE LEVY OF PENALTY U/S 271(1)(C) AMOUNTING TO RS.1,98,940/- AS LEVIED BY THE AO. 2. THAT THE CONFIRMATION OF PENALTY BY THE CIT(A) ON ACCOUNT OF ALLEGED UNEXPLAINED CASH U/S 69 IS AGAINST THE FACTS AND CIRCUMSTANCES OF THE CASE. 3. THAT THE APPELLANT CRAVES LEAVE TO ADD OR AMEND THE GROUNDS OF APPEAL BEFORE THE APPEAL IS FINALLY HEARD OR DISPOSED OFF. 2 3. THE ASSESSEE RAISED THE SINGLE GROUND OF APPEAL AGAINST CONFIRMING OF THE PENALTY ORDER U/S 271(1)( C) OF THE ACT BY THE CIT(A). THE RIVAL SUBMISSIONS, RELE VANT FACTS AND RELEVANT RECORDS WERE CONSIDERED. A PERU SAL OF THE FINDINGS OF THE LD. CIT(A) REVEALS THAT THE CIT(A) MERELY CITED HIS ORDER, CONFIRMING THE QUANTUM APPE AL IN THE CASE, VIDE ORDER DATED 07.06.2007 PASSED IN APPEAL NO. IT/47/CIT(A-2/LDH/2006-07 AND UPHELD THE FINDINGS. A BARE PERUSAL OF THE FINDINGS OF THE LD . CIT(A) CLEARLY REVEALS THAT THE CIT(A) HAS NOT PASS ED SPEAKING ORDER, WHICH IS ESSENTIAL IN RESPECT OF EA CH ORDER PASSED BY ANY QUASI-JUDICIAL AUTHORITY. ACCORDINGLY, ISSUE IS RESTORED TO THE FILE OF THE C IT(A) WITH DIRECTION TO PASS A SPEAKING ORDER IN THE MATT ER, IN ACCORDANCE WITH RELEVANT PROVISIONS OF THE ACT, AFT ER PROVIDING NECESSARY OPPORTUNITY TO THE ASSESSEE OF BEING HEARD. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES ONLY. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH FEB.,2012. SD/- SD/- (H.L.KARWA) (MEHAR SINGH) VICE PRESIDENT ACCOUNTANT MEMBER DATED: 8 TH FEB.,2012. POONAM COPY TO: THE APPELLANT, THE RESPONDENT, THE CIT(A), CIT,DR ASSISTANT REGISTRAR ITAT, CHANDIGARH