Shri Gopal Mahajan, Bilaspur V. ITO, Bilaspur

ITA 1572/CHANDI/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1254 (ITAT-CHANDIGARH)
• Duration Of Justice: 1 year(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-12-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 11-12-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARVIND SUDERSHAN
• Assessee Lawyers: BRIJ MOHAN MONGA
• Keywords: Set aside

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, B,CHANDIGARH . . , , BEFORE SHRI N.K. SAINI, VICE PRESIDENT & SHRI SANJAY GARG, JUDICIAL MEMBER ./ ITA NO. 1572/CHD/2019 ! / ASSESSMENT YEAR : 2007-08 SHRI GOPAL MAJAHAN, PROP. M/S MAHAJAN HARDWARE STORE, VPO BRAHMPUKHAR, DISTT. BILASPUR, HIMACHAL PRADESH '# THE ITO, BILASPUR, H.P. $ % ./PAN NO: ACEPM4186H $&/ APPELLANT ()$& /RESPONDENT HEARING THOUGH VIDEO CONFERENCING *+ , - /ASSESSEE BY : SHRI BRIJ MOHAN MONGA, ADVOCATE & SHRI ROHIT KAURA, ADVOCATE , - / REVENUE BY : SHRI ARVIND SUDERSHAN, JCIT . / , +0% /DATE OF HEARING : 29.10.2020 12! , +0% / DATE OF PRONOUNCEMENT : 15.12.2020 / ORDER PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASSESS EE AGAINST THE ORDER DATED 27.09.2019 OF THE COMMISSIONER OF INCOM E TAX (APPEALS), PALAMPUR [HEREINAFTER REFERRED TO AS CIT(A)] 2. THE ASSESSEE IN THIS APPEAL HAS TAKEN FOLLOWING GROUNDS OF APPEAL:- ITA NO. 1572-CHD/2019- SHRI GOPAL MAHAJAN, BILASPUR 2 1. THAT THE ORDER OF LEARNED CIT(A), IS AGAINST TH E LAW AND FACTS OF THE CASE. 2. THAT THE LD. CIT(A) HAS GROSSLY ERRED IN DECIDI NG THE PENALTY ORDER PRIOR TO DECIDING OF ISSUE OF QUANTUM IN APPEAL ON MERITS SPECIFICALLY WHEN VARIOUS LETTERS AND ORDER OF HON'BLE ITAT, CHANDIGARH WAS SUBMITTED DURING HEARING TO PROVE THE POINT THAT QUANTUM PROCEEDINGS HAVE BEEN SET ASIDE TO THE FILE OF CIT(A) BY THE HON'BLE ITAT, CHANDIGARH. 3. THAT THE LD. CIT(A) IS NOT JUSTIFIED UPHOLDING PENALTY ON THE ISSUE/ADDITION OF RS. 4,72,831/- ON ACCOUNT OF UNCONFIRMED BALANCES OF CREDITORS, ESPECIALLY WHEN THE SAID ISSUE ON MERITS IS STILL PENDING BEFORE THE CIT(A) IN QUANTUM PROCEEDINGS. 4. THAT THE LD. C1T(A) IS OTHERWISE ALSO NOT JUSTI FIED WHILE UPHOLDING PENALTY ON THE ISSUE WHICH DOES NOT WARRANT LEVY OF PENALTY. 5. THAT THE APPELLANT CRAVES, LEAVE TO ADD OR AMEN D ANY GROUNDS OF APPEAL. 3. AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT IN THIS CASE THE QUANTUM PROCEEDINGS HAVE BEEN SET AS IDE AND THE MATTER IS RESTORED TO THE FILE OF THE CIT(A) BY THE TRIBUNAL VIDE ORDER DATED 27.3.2018 IN ITA NO.1163/CHD/2016. A COPY OF THE SA ID ORDER HAS BEEN PLACED ON RECORD. 5. THE LD. DR HAS ALSO FAIRLY CONCEDED THE AFORESAI D FACTUAL MATRIX. 6. WE HAVE GONE THROUGH THE RECORD AND ORDER DATED 27.3.2 018 PASSED BY THE TRIBUNAL IN ITA NO. 1163/CHD/2016 RELATING T O ASSESSMENT YEAR 2007-08, WHEREIN, THE ORDER OF THE CIT(A) IS SET AS IDE AND THE QUANTUM ITA NO. 1572-CHD/2019- SHRI GOPAL MAHAJAN, BILASPUR 3 PROCEEDINGS HAVE BEEN RESTORED BACK TO THE FILE OF THE CIT(A). SINCE THE MATTER IN THE QUANTUM PROCEEDING HAS BEEN RESTORED BACK TO THE CIT(A), ACCORDINGLY, THE ORDER OF THE CIT(A) IN PENALTY P ROCEEDINGS IS ALSO SET ASIDE AND THE MATTER IS RESTORED BACK TO THE FILE O F THE CIT(A) TO DECIDE IT AFTER ARRIVING AT THE DECISION IN THE ASSESSEES QUANTUM APPEAL. IN THE RESULT, THE APPEAL OF THE ASSESSEE STANDS AL LOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON 15.12.2020. SD/- SD/- ( . . / N.K. SAINI) ( ! ' / SANJAY GARG) #$% / VICE PRESIDENT &' / JUDICIAL MEMBER DATED : 15.12.2020 .. 3,(+45 65!+ / COPY OF THE ORDER FORWARDED TO : 1. $& / THE APPELLANT 2. ()$& / THE RESPONDENT 3. . 7+ / CIT 4. . 7+ ( )/ THE CIT(A) 5. 58(+9 , 09 , :;<= / DR, ITAT, CHANDIGARH 6. <>/ / GUARD FILE 3 . / BY ORDER, ? / ASSISTANT REGISTRAR