Smt Vandana Uberoi, Bhopal V. The ITO 1(1), Bhopal

ITA 157/IND/2013

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 70075 (ITAT-INDORE)
• Duration Of Justice: 7 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-10-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 25-03-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R A VERMA
• Assessee Lawyers: PRADEEP GUPTA
• Section: 142(1)

Judgement Text

PAGE 1 OF 4 IN THE INCOME TAX APPELLATE TRIBUNAL , INDORE BENCH, INDORE BEFORE SHRI JOGINDER SINGH, J.M. AND SHRI R.C.SHARM A, A.M. PAN NO. : AABPU9540L I.T.A.NO. 157 /IND/201 3 A.Y. : 2007-08 SMT. VANDANA UBEROI, BHOPAL VS. ITO, 1(1), BHOPAL APPELLANT RESPONDENT APPELLANT BY : SHRI PRADEEP GUPTA, ADV. RESPONDENT BY : SHRI R.A. VERMA, SR. DR DATE OF HEARING : 24 . 10 .201 3 DATE OF PRONOUNCEMENT : 30 . 10 .201 3 O R D E R PER R. C. SHARMA, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER PASSED BY THE CIT(A), DATED 11.01.2013 FOR THE ASSE SSMENT YEAR 2007-08 IN THE MATTER OF IMPOSITION OF PENALTY OF RS. 40,000/- U/S 271(1)(C) OF THE INCOME-TAX ACT, 1961. 2. THE RIVAL CONTENTIONS HAVE BEEN HEARD AND RECORDS PERUSED. FACTS IN BRIEF ARE THAT THE ASSESSEE IS A LADY AND FILED SMT. VANDANA UBEROI, BHOPAL. I.T.A.NOS. 157/IND/2013 A.Y.2007-08 2 PAGE 2 OF 4 HER RETURN OF INCOME IN THE CAPACITY OF INDIVIDUAL, WHEREIN INCOME FROM RENT AND INTEREST WAS SHOWN. DURING THE COURSE OF HEARING, THE ASSESSEE HAS SURRENDERED RENT FROM ONE OF THE PREMISES, WHICH WERE INADVERTENTLY NOT TAKEN IN THE COMPUTATION OF INCOME. THE ASSESSEE ALSO PAID TAX O N IT. HOWEVER, THE ASSESSING OFFICER LEVIED PENALTY OF RS . 40,000/- ON THE RENTAL INCOME SO ADDED DURING THE ASSESSMENT PROCEEDINGS. CONTENTION OF ASSESSEE WAS THAT HER TA X AFFAIRS WERE BEING LOOKED AFTER HER FATHER-IN-LAW SHRI B.K. UBEROI, INCOME TAX CONSULTANT, WHO WAS SUFFERING FROM LONG ILLNESS AND FINALLY DIED ON 29.12.2008. AT THE TIME OF FILI NG THE RETURN, LATE B.K. UBEROI WAS SUFFERING AND COULD NOT MINUTE LY EXAMINE THE TAX RETURN OF HER DAUGHTER IN LAW. AFTE R FILING OF RETURN ON 27.8.21007, THE CASE WAS SELECTED FOR SCR UTINY AND QUESTIONNAIRE WAS ISSUED BY THE ASSESSING OFFICER U /S 142(1) ON 23.10.2009. WHILE FILING THE DETAILS, THE ASSESS EE CAME TO KNOW THAT IN RESPECT OF A FLAT IN MUMBAI WHICH WAS GIVEN BY THE ASSESSEE FOR RENT IN THE PART OF THE YEAR, COUL D NOT BE INCLUDED IN THE TOTAL INCOME. ACCORDINGLY, ASSESSEE FILED A SMT. VANDANA UBEROI, BHOPAL. I.T.A.NOS. 157/IND/2013 A.Y.2007-08 3 PAGE 3 OF 4 LETTER DATED 26.11.2009. ON THE BASIS OF THIS LETTE R, THE ASSESSING OFFICER ADDED THE RENT OF RS. 99,268/- OM ITTED TO BE OFFERED BY THE ASSESSEE IN HER RETURN OF INCOME. FR OM THE RECORD, WE FOUND THAT IN THE COURSE OF ASSESSMENT P ROCEEDINGS ITSELF THE INCOME WAS OFFERED BY THE ASSESSEE HERSE LF BEFORE ANY DETECTION BY THE ASSESSING OFFICER. AS PER THE RETU RNED INCOME, THE TDS AND ADVANCE PAYMENT OF TAX BY THE ASSESSEE RESULTED INTO REFUND, HENCE, NO FURTHER TAX WAS REQUIRED TO BE TAXED ON THE INCOME OFFERED BY THE ASSESSEE. WE FOUND THAT I NCOME DECLARED BY THE ASSESSEE IN HER RETURN AND THE LETT ER FILED ON 26.11.2009 AS WELL AS THE INCOME ASSESSED BY THE AS SESSING OFFICER WERE SAME. IN VIEW OF THESE FACTS, CONSIDER ING THE DECISION OF HON'BLE SUPREME COURT IN THE CASE OF SU RESH CHAND MITTAL, 251 ITR 9, WE DO NOT FIND IT IS A FIT CASE FOR LEVY OF PENALTY. IT IS UNDISPUTED FACT THAT INCOME WAS O FFERED BY THE ASSESSEE DURING THE ASSESSMENT PROCEEDINGS BEFORE D ETECTION BY THE ASSESSING OFFICER. SMT. VANDANA UBEROI, BHOPAL. I.T.A.NOS. 157/IND/2013 A.Y.2007-08 4 PAGE 4 OF 4 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWE D. THIS ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT ON 30 TH OCTOBER, 2013. SD/- SD/- (JOGINDER SINGH) (R. C. SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 30 TH OCTOBER, 2013. CPU* 293010