GEMSAR IMPEX (INDIA) PVT. LTD., Jaipur V. ITO, Jaipur

ITA 130/JPR/2015

• Counselvise Citation: 13023114 RSA 2015
• Duration Of Justice: 9 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-11-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 03-02-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: O P BHATEJA
• Assessee Lawyers: RAJIV SOGANI
• Keywords: Reasonable cause

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES SMC, JAIPUR JH IH-DS-CALY] YS[KK LNL; DS LE{K BEFORE: SHRI P.K. BANSAL, ACCOUNTANT MEMBER VK;DJ VIHY LA- @ ITA NO. 130/JP/2015 FU/KZKJ.K O'K Z @ ASSESSMENT YEAR : 2010-11 M/S GEMSAR IMPEX (INDIA) PVT. LTD. , A-1, TIWARI JI KA BAGH, NEAR 20 DUKAN, ADARSH NAGAR, JAIPUR. CUKE VS. INCOME TAX OFFICER, WARD 5(2), JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ L A-@ PAN/GIR NO.: AAACG 6789 K VIHYKFKHZ @ APPELLANT IZR;FKHZ @ RESPONDENT FU/KZKFJRH DH VKSJ LS @ ASSESSEE BY : SHRI RAJIV SOGANI (CA) JKTLO DH VKSJ LS @ REVENUE BY : SHRI O.P. BHATEJA (ADDL.CIT) LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 04/11/2015 MN?KKS'K .KK DH RKJH[ K @ DATE OF PRONOUNCEMENT : 06/11/2015 VKNS'K @ ORDER PER P.K. BANSAL, A.M. THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER DATED 22/12/2014 PASSED BY THE LD CIT(A)-2, JAIPUR FOR A.Y . 2010-11, BY WHICH THE LD CIT(A) SUSTAINED THE PENALTY IMPOSED BY THE A SSESSING OFFICER ITA 130/JP/2015_ M/S GEMSAR IMPEX (I)P. LTD. VS ITO 2 AMOUNTING TO RS. 5,000/- U/S 271F OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). 2. AFTER HEARING RIVAL SUBMISSIONS OF BOTH THE PART IES AND CAREFULLY CONSIDERED THE SAID ALONGWITH ORDERS OF THE TAX AUTH ORITIES BELOW, I NOTED THAT IN THIS CASE THE ASSESSEE HAD EXPLAINED THE RE ASONS FOR NOT FILING THE RETURN WITHIN TIME. THE ASSESSEE HAS EXPLAINED THAT THE DELAY WAS CAUSED DUE TO THE FACT THAT THE ACCOUNTANT OF THE FIRM WORK ING PART TIME, WHO LEFT THE JOB CONVEYING THE PENDENCY OF THE SAID RET URN. THE INCOME OF THE ASSESSEE WAS NIL. WHEN THE ASSESSEE WAS IN PROCESS OF FILING THE RETURN FOR THE SUBSEQUENT YEAR HE CAME TO KNOW AND IMMEDIAT ELY FILED THE RETURN. IN MY OPINION, THE EXPLANATION GIVEN BY THE ASSESSEE IS PLAUSIBLE AND THEREFORE CAN BE REGARDED TO BE THE REASONABLE CAUSE. I, ACCORDINGLY, DELETE THE PENALTY IMPOSED U/S 271F OF THE ACT. 3. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 06/11/2015. SD/- IH-DS-CALY (P.K. BANSAL) YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ @ JAIPUR FNUKAD @ DATED:- 06 TH NOVEMBER, 2015 ITA 130/JP/2015_ M/S GEMSAR IMPEX (I)P. LTD. VS ITO 3 *RANJAN VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- SH. SATISH CHAND GOYAL, ALWAR. 2. IZR;FKHZ @ THE RESPONDENT- THE ITO, WARD 1(2), ALWAR. 3. VK;DJ VK;QDR @ CIT 4. VK;DJ VK;QDR @ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR, ITAT, JAIPUR 6. XKMZ QKBZY @ GUARD FILE (ITA NO. 620/JP/2014) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR