Shubhalaxmi Dhirendra Huilgol , Gadag V. The Income Tax Officer Ward-1 , Gadag

ITA 1372/BANG/2018

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 9904 (ITAT-BANGALORE)
• Duration Of Justice: 7 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-12-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 27-04-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SRINANDINI DAS
• Assessee Lawyers: R MRINALINI
• Keywords: Tax effect
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER A ND SHRI LALIET KUMAR, JUDICIAL MEMBER ITA NO . 1372 /BANG/201 8 ASSESSMENT YEAR : 20 07 - 08 SMT. SHUBHALAXMI DHIRENDRA HUILGOL, BURBURE PLOT, NR. RAJEEV GANDHI NAGAR, GADAG, KARNATAKA 582 101. PAN: ADGPH5363Q VS. THE INCOME TAX OFFICER, WARD 1, GADAG. APPELLANT RESPONDENT APPELLANT BY : MS. R. MRINALINI, ADVOCATE RESPONDENT BY : SMT. SRINANDINI DAS, ADDL. CIT (DR) DATE OF HEARING : 0 4 . 1 2 .2018 DATE OF PRONOUNCEMENT : 07 . 1 2 .2018 O R D E R PER SHRI A.K. GARODIA, ACCOUNTANT MEMBER THIS APPEAL IS FILED BY THE ASSESSEE AND THE SAME I S DIRECTED AGAINST THE ORDER OF LD. CIT(A), HUBBALLI DATED 16.02.2018 FOR ASSESSMEN T YEAR 2007-08. 2. THE GROUNDS RAISED BY THE ASSESSEE ARE AS UNDER. 1. THE ORDER PASSED BY THE LEARNED CIT (APPEALS), H UBLI IS ILLEGAL, BASES AND OPPOSED TO THE FACTS OF THE CASE. 2. THE LEARNED CIT (APPEALS) HAS ERRED IN NOT CONSI DERING THE PLEA OF THE ASSESSEE THAT THE PENAL PROCEEDINGS INITIATED A RE ILLEGAL AS THE NOTICE U/S 274 DOES NOT SPECIFY AS TO WHICH LIMB OF THE SECTION 271(1)(C) THE LEARNED ITO IS INITIATING THE PENAL P ROCEEDINGS. THE DECISION OF THE FICINIBLE SUPREME COURT IN CIT AND ANR VS. SSA'S EMERALD MEADOWN IN SLID NO. 11485/.2016 DT. 05/08/2 -016 AND THE HON'BLE KARNATAKA HIGH IN CIT VS. MANJUNATH COTTON AND GINNING FACTORY REPORTED IN 359 1.-FR 565 HAS NOT BEEN CONS IDERED BY THE LEARNED CIT (APPEALS) EVEN THE SAME WERE BROUGHT TO THE NOTICE OF THE LEARNED CIT APPEALS. 3. THE ASSESSEE PRAYS LEAVE TO ADD ANY MORE GROUNDS OF APPEAL BEFORE OR AT THE TIME OF HEARING. 3. IN COURSE OF HEARING OF THIS APPEAL, THE LD. AR OF ASSESSEE HAS SUBMITTED ONE MEMO SIGNED BY HIM ON 27.08.2018 AND AS PER THI S MEMO, THIS IS THE ITA NO. 1372/BANG/2018 PAGE 2 OF 2 SUBMISSION OF THE ASSESSEE THAT FOR THE SAME YEAR, AN APPEAL WAS FILED BY THE REVENUE ALSO BY CHALLENGING THE SAME ORDER OF C IT(A) IN ALLOWING THE ASSESSEES APPEAL, IN DELETING THE PENALTY U/S. 271 (1)(C) AMOUNTING TO RS. 12,90,940/- AND ON 01.08.2018, SUCH DEPARTMENTAL AP PEAL WAS DISMISSED BECAUSE OF LOW TAX EFFECT. IT HAS BEEN SUBMITTED I N THE MEMO THAT BECAUSE OF THE DISMISSAL OF THE APPEAL OF THE REVENUE, THE PRESENT APPEAL OF THE ASSESSEE HAS BECOME INFRUCTUOUS. IN COURSE OF HEAR ING BEFORE US, THE LD. AR OF ASSESSEE SUBMITTED THAT UNDER THESE FACTS, TH E APPEAL OF THE ASSESSEE MAY BE DISMISSED AS WITHDRAWN. THE LD. DR OF REVENUE HAD NO OBJECTION TO THE ASSESSEES REQUEST FOR WITHDRAWAL OF THE APPEAL AND HENCE WE DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENT IONED ON THE CAPTION PAGE. SD/- SD/- (LALIET KUMAR) (ARUN KUMAR GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 07 TH DECEMBER, 2018. /MS/ COPY TO: 1. APPELLANT 4. CIT(A) 2. RESPONDENT 5. DR, ITAT, BANGALORE 3. CIT 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, BANGALORE.