Shri Janakbhai Sevantilal Bhojak, Ahmedabad V. The Income Tax Officer, Ward-1(3), Bhavnagar

ITA 1412/AHD/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 4628 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 8 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-02-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 28-05-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NK GOEL
• Assessee Lawyers: ROHAN POPAT
• Keywords: Set aside
• Section: 271(1)(c); 143(3); 250

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD SMC BENCH BEFORE: SHR I MAHAVIR PRASAD , JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER JANAKBHAI SEVANTILAL BHOJAK PLOT NO. 2062/C, KAILASH MANSAROVAR , NEAR DR. BALANI HOSPITAL, SANSKAR MANDAL, BHAVNAGAR - 364002 PAN: ACTPB8218J (APPELLANT) VS THE IT O , WARD - 1 ( 3) , BHAVNAGAR (RESPONDENT) REVENUE BY : S H RI N.K. GOEL , SR. D . R. ASSESSEE BY: SHRI ROHAN POPAT , A.R. DATE OF HEARING : 12 - 0 2 - 2 020 DATE OF PRONOUNCEMENT : 14 - 02 - 2 020 / ORDER P ER : AMARJIT SIN GH, ACCOUNTANT MEMBER : - THIS ASSESSEE S APPEAL FOR A.Y. 2008 - 09 , ARI SES FROM ORDER OF THE CIT(A) - 6, AHMEDABAD DATED 23 - 04 - 2 018 , IN PROCEEDINGS UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . 2. THE SOLITARY GROUND OF APPEAL O F THE ASSESSEE IS AGAINST THE DECISION OF LD. CIT(A) IN CONFIRMING THE ACTION OF THE ASSESSING OFFICER IN LEVYING THE PENALTY OF RS. 3 , 42 , 850/ - U/S. 271(1)(C) OF THE ACT. I T A NO . 1412 / A HD/20 18 A SS ESSMENT YEAR 2008 - 09 I.T.A NO. 1412 /AHD/20 18 A.Y. 2008 - 09 PAGE NO JANAKBH AI SEVANTILAL BHOJAK VS. IT O 2 3. THE F ACT IN BRIEF IS THAT ASSESSMENT U/S. 143(3) OF THE ACT WAS COMPLETED ON 27 TH DECEMBER, 2010 AND TOTAL INCOME WAS ASSESSED AT RS. 12 , 04 , 330/ - . DURING THE COURSE OF ASSESSMENT, THE ASSESSING OFFICER HAS MAINLY MADE ADDITION OF RS. 10 , 32,000/ - ON ACCOUNT OF UNEXPLAINED CASH DEPOSITED IN THE BANK ACCOUNT. THEREAFTER, THE ASSESSING OF FICER HAS LEVIED PENALTY OF RS. 3 , 42 , 850/ - VIDE ORDER U/S. 271(1)(C) OF THE ACT DATED 8 TH AUGUST, 2017. THE LD. CIT(A) HAS SUSTAINED THE PENALTY LEVIED VIDE ORDER DATED 23 RD APRIL, 2018. 4. DURING THE COURSE OF APPELLATE PROCEEDINGS BEFORE US, THE LD. COUNSEL AT THE OUTSET SUBMITTED THAT QUANTUM ADDITION ON THE BASIS OF WHICH THE IMPUGNED PENALTY WAS IMPOSED HAD BEEN RESTORED TO THE FILE OF ASSESSING OFFICER FOR DECIDING AFRESH VI DE ITAT ORDER DATED 1 8 - 06 - 2019 IN ITA NO. 250 & 251/AHD/2 014 IN THE CASE OF JANAKBHAI SEV ANTILAL BHOJAK VS. ITO. ON THE OTHER HAND, THE LD. DEPARTMENTAL REPRESENTATIVE COULD NOT CONTROVERT THESE UNDISPUTED FACT S . 5. WE HAVE HEARD BOTH THE SIDES AND PERUSED THE MATERIAL ON RECORD. WE HAVE GONE THROUGH THE DECISION OF ITAT I N TH E CASE OF ASSESSEE IN RESPECT OF QUANTUM ADDITION ON THE BASIS OF WHICH THE IMPUGNED PENALTY WAS LEVIED AND IT IS NOTICED THAT THE ISSUE WAS RESTORED TO THE FILE OF ASSESSING OFFICER VIDE ITA NO. 250 & 251/AHD/2014 DATED 18 - 06 - 2019. IN THE LIGHT OF THE ABOVE FACTS AND CIRCUMSTANCES, THE PENALTY LEVIED HAS BECOME INFRUCTUOUS AS THE ISSUE ON WHICH PENALTY WAS LEVIED HAD BEEN RESTORED TO THE FILE OF ASSESSING OFFICER FOR DECIDING AFRESH. THE ASSESSING OFFICER MAY CONSIDER I.T.A NO. 1412 /AHD/20 18 A.Y. 2008 - 09 PAGE NO JANAKBH AI SEVANTILAL BHOJAK VS. IT O 3 ISSUE OF PENALTY ON THE OUTCOME O F SET ASIDE PROCEEDINGS. THEREFORE, THIS GROUND OF APPEAL OF THE ASSESSE IS ALLOWED. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED. ORDER PR ONOUNCED IN THE OPEN C OURT ON 14 - 02 - 20 20 SD/ - SD/ - ( MAHAVIR PRASAD ) ( AM ARJIT SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD : DATED 14 /02 /2020 / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,