Kamalchand Shiyal, CHENNAI V. ITO Non Corporate Ward 5(1), CHENNAI

ITA 1383/CHNY/2018

• Counselvise Citation: [2018] 112 COUNSELVISE.COM (IT) 5528 (ITAT-CHENNAI)
• Duration Of Justice: 6 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-11-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2015-2016
• Appeal Filed On: 25-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 143(3); 142(1)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI . . . , , ' BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER / .I.T.A. NO. 1383/CHNY/2018 /ASSESSMENT YEAR : 2014-15 S HRI. KAMAL CHAND SHIYAL, 1/504, SOUTH AVENUE ROAD, MUTHAMIZH NAGAR, KODUNGAIYUR, CHENNAI - 600 118. [PAN: CTNPS 7795G] VS. THE I NCOME TAX OFFICER, NON CORPORATE WARD - 5(1), CHENNAI -34. ( /APPELLANT) ( /RESPONDENT) ASSESSEE BY : SHRI. M. KARUNAKARAN, ADVOCATE REVENUE BY : SHRI. CLEMENT RAMESH KUMAR, ADDL. CIT $ /DATE OF HEARING : 25.09.2018 $ /DATE OF PRONOUNCEMENT : 05.11.2018 / O R D E R PER S. JAYARAMAN, ACCOUNTANT MEMBER: THE ASSESSEE FILED THIS APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-5, CHENNAI IN ITA NO 72/CIT (A)-5/17-18 DATED 28.03.2018 CONFIRMING THE PENALTY LEVIED U/S. 271(1 )(B) FOR ASSESSMENT YEAR 2015-16. :- 2 -: ITA NO. 1383/CHNY/2018 2. THE LD. AR SUBMITTED THAT SHRI. KAMAL CHAND SHIY AL, THE ASSESSEE, DERIVED INCOME FROM HOUSE PROPERTY, LONG TERM CAPIT AL GAINS ON SALE ON SHARES AND INCOME FROM OTHER SOURCES. DURING THE A SSESSMENT PROCEEDINGS FOR ASSESSMENT YEAR 2014-15, THE ASSESS ING OFFICER ISSUED NOTICE U/S. 142(1) CALLING FOR CERTAIN DETAILS. SI NCE, THE DETAILS WERE NOT FILED, THE ASSESSING OFFICER ISSUED A SHOW CAUSE NO TICE U/S. 271(1)(B) AND LEVIED PENALTY OF RS. 10,000/-. AGGRIEVED AGAINST THAT ORDER, THE ASSESSEE FILED AN APPEAL BEFORE THE LD. CIT(A). THOUGH THE ASSESSING OFFICER COMPLETED THE ASSESSMENT U/S. 143(3) DATED 14.02.20 17, BASED UPON DETAILS AND THE PARTICULARS FURNISHED BY THE ASSESS EE, THE CIT(A) CONFIRMED THE LEVY OF PENALTY. 3. THE AR SUBMITTED THAT THE DELHI TRIBUNAL IN ITA NO. 738/DEL/2014 DATED 20.09.2016 FOR ASSESSMENT YEAR 2010-11 HELD, INTER ALIA, THAT WHEN THE ASSESSMENT ORDER IS PASSED U/S. 143(3) AND NOT U/S. 144. THE SUBSEQUENT COMPLIANCE IN THE ASSESSMENT PROCEEDINGS IS CONSIDERED AS GOOD COMPLIANCE AND DEFAULTS EARLIER COMMITTED BY A O IS IGNORED. IN SUCH CIRCUMSTANCES, THERE CAN BE NO REASON TO COME TO CO NCLUSION THAT THE DEFAULT IS WILFUL. SINCE, THE FACTS AND CIRCUMSTAN CES OF THIS CASE IS TOTALLY SIMILAR, THE AR PLEADED THAT IN ACCORDANCE WITH THE SAME RATIO, THE PENALTY MAY BE DELETED. PER CONTRA, THE LD. DR SUPPORTED T HE ORDERS OF THE LOWER AUTHORITIES. :- 3 -: ITA NO. 1383/CHNY/2018 4. WE HEARD THE RIVAL SUBMISSIONS. ON THE FACTS AN D CIRCUMSTANCES, THE RATIO OF THE DECISION OF DELHI TRIBUNAL IN ITA NO. 738/DEL/2014 DATED 20.09.2016, SUPRA, IS CLEARLY APPLICABLE TO THIS CA SE AND HENCE THE AO IS DIRECTED TO DELETE THE PENALTY. 5. IN THE RESULT, THE ASSESSEES APPEAL IS ALLOWED. ORDER PRONOUNCED ON MONDAY, THE 05 TH DAY OF NOVEMBER, 2018 AT CHENNAI. SD/- ( . . . ) (N.R.S. GANESAN) /JUDICIAL MEMBER SD/- ( ) (S. JAYARAMAN) /ACCOUNTANT MEMBER /CHENNAI, ) /DATED: 05 TH NOVEMBER , 2018 JPV $*+,-, /COPY TO: 1. / /APPELLANT 2. *0/ /RESPONDENT 3. 1 ) ( /CIT(A) 4. 1 /CIT 5. ,* /DR 6. 4 /GF