Shri Manish Ratilal Patel, Surat V. The Income tax Officer,Ward-9(3), Surat

ITA 1394/AHD/2012

• Counselvise Citation: 139420514 RSA 2012
• Duration Of Justice: 3 year(s) 1 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-08-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 10-08-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 26-06-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D V SINGH SRDR
• Section: 27

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT AND SHRI S. S. GODARA, JUDICIAL MEMBER ./ ITA NO. 1394/AHD/2012 / ASSESSMENT YEAR: 2008-09 MANISH RATILAL PATEL 40-A, PATEL NAGAR, A.K. ROAD, SURAT PAN : ADSPP 6466 C VS. ITO, WARD-9(3), SURAT / // / (APPELLANT) / // / (RESPONDENT) ASSESSEE(S) BY : NONE REVENUE BY : SHRI D.V. SINGH, SR. D.R. !' # $%&/ // / DATE OF HEARING : 10/08/2015 '( # $%& / // / DATE OF PRONOUNCEMENT: 14/08/2015 )* )* )* )*/ // / O R D E R PER G.D. AGRAWAL, VICE PRESIDENT: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-V, SUR AT DATED 14.03.2012 FOR ASSESSMENT YEAR 2008-09. 2. THE ONLY GROUND RAISED IN THIS APPEAL BY THE ASS ESSEE IS AGAINST THE LEVY OF PENALTY OF RS.18,616/- U/S 271(1)(C). 3. THE ASSESSEE HAS FURNISHED THE WRITTEN SUBMISSIO N WHILE THE LD. DEPARTMENTAL REPRESENTATIVE HAS BEEN HEARD. 4. WE HAVE CAREFULLY CONSIDERED THE ARGUMENTS OF BO TH THE SIDES AND AFTER CONSIDERING THE FACTS OF THE CASE, SUBMIS SIONS OF BOTH THE SIDES AND THE SMALLNESS OF THE ADDITION WHICH ASSES SEE OMITTED TO ITA NO.1394/AHD/2012 - MANISH RATILAL PATEL VS ITO FOR AY 2008-09 2 MAKE; IN OUR OPINION, IT IS NOT A FIT CASE FOR LEVY OF PENALTY U/S 271(1)(C). THE ASSESSING OFFICER HAD LEVIED THE PE NALTY FOR THE FAILURE TO CLUB THE INCOME OF RS.60,240/- WHICH IS BELONGED TO THE ASSESSEES MINOR SONS. IT WAS POINTED OUT BY THE LD. COUNSEL IN THE WRITTEN SUBMISSION THAT ON SUCH INTEREST INCOME TAX WAS DED UCTED AT SOURCE AND THE ASSESSEE HAS NOT CLAIMED THE REBATE OF SUCH TDS DEDUCTED ON THOSE INCOMES. CONSIDERING THESE FACTS, WE AGREE W ITH THE CONTENTION OF THE LD. COUNSEL THAT IT WAS A BONA FIDE OMISSION OF CLUBBING THE INCOME OF THE MINOR CHILDREN OF THE ASSESSEE WHICH WAS TO BE CLUBBED AS PER DEEMING PROVISIONS OF SECTION 64 OF THE INCO ME-TAX ACT. IN VIEW OF THESE FACTS, WE CANCEL THE PENALTY LEVIED U/S 27 1(1)(C). 5. IN THE RESULT, ASSESSEES APPEAL IS ALLOWED. ORDER PRONOUNCED IN THE COURT ON 14 TH AUGUST, 2015 AT AHMEDABAD. SD/- SD/- (S. S. GODARA) JUDICIAL MEMBER (G.D. AGRAWAL) VICE-PRESIDENT AHMEDABAD; DATED 14/08/2015 BIJU T., PS )* # $+ ,)+$ )* # $+ ,)+$ )* # $+ ,)+$ )* # $+ ,)+$/ COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RE SPONDENT. 3. $ !- / CONCERNED CIT 4. !- ( ) / THE CIT(A) 5. +01 $ , , / DR, ITAT, AHMEDABAD 6. 13 4' / GUARD FILE . )*! )*! )*! )*! / BY ORDER, TRUE COPY 5 55 5/ // / 6 6 6 6 ( DY./ASSTT.REGISTRAR) , , , , / ITAT, AHMEDABAD