Branch Manager, State Bank of India, Chandigarh V. Addl. DIT (I&CI), Chandigarh

ITA 1583/CHANDI/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 0053 (ITAT-CHANDIGARH)
• Duration Of Justice: 5 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 18-12-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR ASHISH GUPTA
• Keywords: Non compliance
• Section: 133(6)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH A , CHANDIGARH , ' # $ % & ' ( ) *, +, # BEFORE: SHRI SATBIR SINGH GODARA,JUDICIAL MEMBER AND SMT.ANNAPURNA GUPTA, ACCOUNTANT MEMBER ./ ITA NO.1583/CHD/2018 / ASSESSMENT YEAR : 2012-13 BRANCH MANAGER, STATE BANK OF INDIA, SCO 1106-07, SECTOR 22/B, CHANDIGARH. THE ADDL. D.I.T.(I & CI), CHANDIGARH. ./ PAN NO.AACCS0134D / APPELLANT / RESPONDENT /ASSESSEE BY : NONE ! / REVENUE BY : DR.ASHISH GUPTA, CIT.DR ' # $ /DATE OF HEARING : 20.05.2019 $ /DATE OF PRONOUNCEMENT: 27.05.2019 /ORDER PER ANNAPURNA GUPTA, ACCOUNTANT MEMBER: THE PRESENT APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-I, CHANDIGARH [(IN SHORT CIT(A)] DATED 28.9.2016 PASSED U/S 250(6) OF THE INCOME TAX ACT, 1961 (HERE INAFTER ITA NO.1583/CHD/2018 A.Y.2012-13 2 REFERRED TO AS ACT), CONFIRMING THE PENALTY LEVIE D U/S 272A(2)(C) OF THE ACT. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. FROM TH E ORDER OF THE LD.CIT(A) IT WAS NOTED THAT THE APPEAL REMAI NED UNREPRESENTED BEFORE HIM ALSO. THE ISSUE, IT WAS NO TED FROM THE ORDER OF THE CIT(A), RELATED TO LEVY OF PENALTY U/S 272A(2(C) OF THE ACT FOR NON FURNISHING OF INFORMAT ION AS CALLED FOR U/S 133(6) OF THE ACT. THE ITO(INTEL), C HANDIGARH HAD CALLED FOR INFORMATION FROM THE ASSESSEE REGARD ING TIME DEPOSIT EXCEEDING RS.2 LACS, PAYMENT MADE BY CREDIT CARD, PAYMENT IN CASH FOR PURCHASE OF BANK DRAFT OR PAY O RDERS, DEPOSIT OF CASH AGGREGATING TO RS.2 LACS OR MORE IN ANY ONE DAY AND PAYMENT MADE AGAINST BILL RAISED IN FOREIGN CURRENCY FOR THE PERIOD 1.4.2011 TO 31.3.2012. HOWE VER, THE SAID INFORMATION WAS NOT FURNISHED. THEREAFTER A SH OW CAUSE NOTICE WAS ISSUED BY THE ASSESSING OFFICER (A.O), I N RESPONSE TO WHICH, THE BRANCH MANAGER OF THE ASSESSEE BRANCH ATTENDED THE HEARING AND FURNISHED WRITTEN REPLY EN CLOSING THEREWITH THE REQUIRED CIB DATA IN HARD AND SOFT CO PY. THE AO ASKED THE REASON FOR NON COMPLIANCE OF NOTICES A ND NON SUBMISSION OF CIB DATA TO THE ITO (INTEL), CHANDIGA RH. IN RESPONSE TO THE SAME, IT WAS SUBMITTED THAT THE SAM E HAD ITA NO.1583/CHD/2018 A.Y.2012-13 3 BEEN FILED ALONGWITH THE LETTER DATED 25.1.2013 BUT THE A.O. NOTED THAT NO DATA HAD BEEN RECEIVED VIDE THE SAID LETTER, NOR ANY RECEIVING/ACKNOWLEDGEMENT ISSUED TO THE ASS ESSEE FOR SUBMISSION OF THE SAID DATA. THUS, THE A.O. NOT ED THAT THE ASSESSEE HAD SUBMITTED THE CIB DATA FOR FINANCI AL YEAR 2011-12 ONLY AFTER ISSUANCE OF SHOW CAUSE NOTICE AN D HAD NOT FURNISHED THE SAME TO THE A.O.(INTEL), CHANDIGA RH TILL DATE THOUGH THE SAME WAS TO BE FILED ON OR BEFORE 1 5.5.2012 AND ACCORDINGLY, THERE WAS CONSIDERABLE DELAY. HE, THEREFORE, LEVIED PENALTY U/S 272A(2)(C) OF THE ACT , AMOUNTING TO RS.58,600/- FOR FINANCIAL YEAR 2011-12 FOR FAILURE ON THE PART OF THE BRANCH MANAGER, STATE BA NK OF PATIALA TO DISCHARGE STATUTORY LIABILITY U/S 133(6) OF THE ACT.THE LD.CIT(A) ,IN THE ABSENCE OF ANY REPRESENTA TION BY THE ASSESSEE, NOTED THAT NO PLAUSIBLE EXPLANATION H AD BEEN GIVEN BY THE ASSESSEE AND CONFIRMED THE PENALTY LEV IED. IN THE ABOVE FACTS AND CIRCUMSTANCES, WE SHALL NOW PROCEED TO DECIDE THE APPEAL. 3. BEFORE DOING SO, WE HAVE NOTED THAT THE APPEAL F ILED BEFORE US WAS DELAYED BY 7 DAYS . CONSIDERING THE S HORTNESS OF THE DELAY THE SAME STANDS CONDONED ITA NO.1583/CHD/2018 A.Y.2012-13 4 4. FURTHER WE ARE OF THE VIEW THAT SINCE THE ASSESS EE HAD EXPLAINED TO THE AO THAT HE HAD SUBMITTED THE NECES SARY DATA TO THE ITO(INTEL) IN TIME ALONGWITH LETTER DAT ED 25.01.2013, AND BEFORE THE LDCIT(A) HAD REMAINED UNREPRESENTED, THE INTEREST OF JUSTICE WILL BE WELL SERVED IF THE ASSESSEE IS GIVEN ANOTHER OPPORTUNITY TO EXPLAI N HIS CASE. WE THEREFORE CONSIDER IT FIT TO RESTORE THE M ATTER BACK TO THE LD.CIT(A) TO CONSIDER THE MATTER AFRESH AFTE R GIVING DUE OPPORTUNITY OF HEARING TO THE ASSESSEE. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- & ' ( ) * (SATBIR SINGH GODARA ) (ANNAPURNA GUPTA) '# / JUDICIAL MEMBER ,# / ACCOUNTANT MEMBER .& /DATED: 27 TH MAY, 2019 * * ) *+ ,+ / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ' - / CIT ITA NO.1583/CHD/2018 A.Y.2012-13 5 4. ' - ( )/ THE CIT(A) 5. +./ 0 , $ 0 , 123/4 / DR, ITAT, CHANDIGARH 6. /3 5# / GUARD FILE ) ' / BY ORDER, ! / ASSISTANT REGISTRAR