Mrs. Devi Khemchand, Ootacamund V. ACIT, Ooty

ITA 1514/CHNY/2012

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 64691 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-12-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 20-12-2012
• Assessment Year: 2008-2009
• Appeal Filed On: 30-07-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: V D GOPAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : CHENNAI [BEFORE SHRI N.S. SAINI, ACCOUNTANT MEMBER AND SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER] I.T.A.NO.1514/MDS/2012 ASSESSMENT YEAR : 2008-09 SMT. DEVI KHEMCHAND M/S LACHIMINARAIN STORES COMMERCIAL ROAD OOTACAMUND VS THE ACIT CIRCLE I(1) OOTY [PAN ADWPK 0993 R] (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI V.D.GOPAL, ADVOCATE RESPONDENT BY : SHRI SHAJI P. JACOB, ADDL. CIT DATE OF HEARING : 20-12-2012 DATE OF PRONOUNCEMENT : 21-12-2012 O R D E R PER N.S. SAINI, ACCOUNTANT MEMBER THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST T HE ORDER OF THE CIT(A)-I, COIMBATORE, DATED 21.5.2012. 2. THE SOLE ISSUE INVOLVED IN THIS APPEAL IS THAT THE CIT(A) ERRED IN CONFIRMING THE PENALTY OF ` 1,59,440/- IMPOSED BY THE ASSESSING OFFICER U/S 271(1)(C) OF THE ACT. I.T.A.NO.1514/12 :- 2 -: 3. AT THE OUTSET, THE A.R OF THE ASSESSEE FILED BE FORE US A COPY OF THE ORDER OF THE CHENNAI B BENCH IN THE CASE O F THE ASSESSEE ITSELF IN QUANTUM APPEAL IN I.T.A.NO. 1883/MDS/2011, ORDER DATED 26.7.2012, AND SUBMITTED THAT THE ADDITION OF ` 3,36,000/- MADE ON ACCOUNT OF RENTAL INCOME AND DISALLOWANCE OF ` 3,50,000/- WERE APPEALED TO THE TRIBUNAL AND THAT THE TRIBUNAL REMI TTED BACK BOTH THE ISSUES TO THE FILE OF THE ASSESSING OFFICER FOR ADJ UDICATION AFRESH AFTER GIVING EFFECTIVE OPPORTUNITY OF HEARING TO THE ASS ESSEE. HENCE, HE PRAYED THAT THE ISSUE OF PENALTY IN THIS APPEAL SHO ULD ALSO BE REMANDED BACK TO THE FILE OF THE ASSESSING OFFICER TO BE ADJUDICATED AFRESH IN THE LIGHT OF THE FINDINGS ARRIVED AT BY T HE ASSESSING OFFICER IN THE SET ASIDE PROCEEDINGS BY THE TRIBUNAL. 4. THE DR ALSO CONCURRED WITH THE ABOVE SUBMISSIONS OF THE A.R. 5. IN THE ABOVE FACTS AND CIRCUMSTANCES OF THE CASE, W E SET ASIDE THE ORDERS OF THE LOWER AUTHORITIES AND REMAND THE ISSUE OF LEVY OF PENALTY U/S 271(1)(C) OF THE ACT ON DISALLOWANCE OF RENTAL INCOME OF ` 40,000/- PER MONTH AND PART OF THE AGRICULTURAL INC OME TO THE FILE OF THE ASSESSING OFFICER FOR ADJUDICATION AFRESH IN TH E LIGHT OF THE FINDINGS ARRIVED AT BY HIM IN THE QUANTUM ASSESSMENT MADE IN THE SET ASIDE PROCEEDINGS BY THE TRIBUNAL. THUS, THE GROUNDS OF APPEAL OF THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. I.T.A.NO.1514/12 :- 3 -: 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON FRIDAY, THE 21 ST OF DECEMBER, 2012, AT CHENNAI. SD/- SD/- (SATBEER SINGH GODARA) JUDICIAL MEMBER (N.S.SAINI) ACCOUNTANT MEMBER DATED: 21 ST DECEMBER, 2012 RD COPY TO: APPELLANT/RESPONDENT/CIT(A)/CIT/DR