Dr. O.P. Bajaj, Allahabad V. ITO, Allahabad

ITA 138/ALLD/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 89824 (ITAT-ALLAHABAD)
• Duration Of Justice: 1 year(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-04-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 07-04-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: UMESH PATHAK
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, ALLAHABAD BENCH, ALLAHABAD BEFORE SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER AN D SHRI C. N. PRASAD, JUDICIAL MEMBER ITA NO. 138/ALLD/2014 ASSESSMENT YEAR: 2008-09 DR. O.P. BAJAJ 17, ADMONSTON ROAD, ALLAHABAD 211001 PAN:-ACSPB3133B VS. ITO RANGE-1(3) ALLAHABAD 211001 (APPELLANT) (RESPO NDENT) ASSESSEE BY : SHRI PRAVEEN GODBOLE REVENUE BY : SHRI UMESH PATHAK DATE OF HEARING : 27.04.2015 DATE OF PRONOUNCEMENT : 29.04.2015 O R D E R PER D. KARUNAKARA RAO, AM: THIS APPEAL BY THE ASSESSEE, IS FILED AGAINST THE ORDER OF THE LD. CIT(A) ALLAHABAD, DATED 11.02.2014 FOR THE A.Y. 2008-09. 2. THE REVENUES ORDERS REVOLVES AROUND THE LEVY OF PENALTY U/S 271A OF THE ACT FOR FAILURE TO KEEP THE MAINTAIN OR RETAIN BOOKS OF ACCOUNTS, DOCUMENTS ETC. THIS IS THE OBSERVATION OF THE AO WHILE LEVY THE PENALTY U/ S 271A OF THE ACT THAT ASSESSEE THAT THE ASSESSEE FAILED TO MAINTAIN REGULAR BOOKS OF ACCOUNTS. BUT THE EXPLANATION OF THE ASSESSEE IN THIS REGARD REVOLVES AROUND THE INCIDENT OF FIRE AT HIS PREMISES AND THEREFORE, ASSESSEE IS NOT IN DEFAULT IN THIS R EGARD. FURTHER, HE SUBMITTED BEFORE THE AUTHORITIES AS WELL AS BEFORE US THAT THE ASSES SEE IS ENGAGED IN THE MEDICAL PROFESSION AND REGULARLY FILING THE RETURNS TO THE DEPARTMENT AFTER MAINTAINING THE BOOKS OF ACCOUNTS. THIS IS FOR THE FIRST TIME THE A SSESSEE IS ALLEGED ON THIS ISSUE OF MAINTENANCE OF BOOKS OF ACCOUNTS. OTHERWISE, HE IS REGULAR IN FILING RETURNS AND MAINTAIN THE BOOKS OF ACCOUNTS. ITA NO. 138/ALLD/2014 ASSESSMENT YEAR: 2008-09 2 3. LD. CIT(A) CONFIRMED THE PENALTIES AFTER CONSIDE RING THE EXPLANATION OF THE ASSESSEE, WHICH IS EXTRACTED IN PARA 3 OF THE IMPUG NED ORDER. BEFORE US, LEARNED COUNSEL FOR THE ASSESSEE MENTIONED THAT THE ASSESSI NG OFFICER IMPOSED PENALTY OF RS.25,000/- U/S 271A OF THE ACT. FURTHER, IT IS MEN TIONED THAT ASSESSEE IS 78 YEARS, ENGAGED IN PATHOLOGY DIVISION AND HE IS A HEART PAT IENT TOO. ASSESSEE OWNS PATHOLOGY CENTERS AND IS REGULAR TAX PAYER THE MAIN TAINS THE BOOKS OF ACCOUNTS REGULARLY. THIS YEAR ALSO ASSESSEE MAINTAINED THE B OOKS OF ACCOUNTS AND THE SAME WERE LOST DUE TO FIRE IN THE OFFICE PREMISES OF TH E ASSESSSEE. 4. AFTER HEARING BOTH THE PARTIES AND PERUSED THE O RDERS OF THE REVENUE, WE FIND THAT THE AO HAS NOT REBUTTED THE CLAIM OF THE ASSES SEE REGARDING THE EVENT OF FILE. IN OUR OPINION, THE SUBMISSIONS OF THE ASSESSEE CONSTI TUTES THE REASONABLE CAUSE. THEREFORE, IN OUR OPINION, IT IS NOT A FIT CASE FOR LEVY OF PENALTY U/S 271A OF THE ACT. ACCORDINGLY, GROUND RAISED BY THE ASSESSEE IS ALLOW ED. 5. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS ALLOWED . ORDER PRONOUNCED IN THE OPEN COURT ON THIS 29 TH DAY OF APRIL, 2015. SD/- SD/- (C. N. PRASAD) (D. KARUNAKARA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER ALLAHABAD, DATED: 29.04.2015 *SRIVASTAVA COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, ALLAHABAD THE CIT(A) CONCERNED, ALLAHABAD THE DR BENCH //TRUE COPY// BY ORDER DY/ASSTT. REGISTRAR, ITAT, ALLAHABAD.