Shri Patel Shantabhai Prabhudas, Nadiad V. The Income tax Officer,Ward-1, Nadiad

ITA 1667/AHD/2009

• Counselvise Citation: [2009] 115 COUNSELVISE.COM (IT) 0464 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-11-2009
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 04-11-2009
• Assessment Year: 2004-2005
• Appeal Filed On: 21-05-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: C K MISHRA
• Assessee Lawyers: S P BHATT

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH D AHMEDABAD BEFORE SHRI MAHAVIR SINGH, JUDICIAL MEMBER, AND SHRI D. C. AGRAWAL, ACCOUNTANT MEMBER ITA NO.1667/AHD/2009 ASSESSMENT YEAR: 2004-05 DATE OF HEARING:4.11.09 DRAFTED:10.11.09 SRI SANTABHAI PRABHUDAS PATEL, OPP. PATEL KHADKI, CHHATIYAWAD LIMDI, NADIAD, DIST. KAIRA PAN NO.ADUPP2200N V/S . INCOME TAX OFFICER, WARD-1, NADIAD (APPELLANT) .. (RESPONDENT) ASSESSEE BY :- SHRI S.P. BHATT, AR REVENUE BY:- SHRI C.K. MISHRA, SR. DR O R D E R PER MAHAVIR SINGH, JUDICIAL MEMBER:- THIS APPEAL BY THE ASSESSEE IS ARISING OUT OF THE ORDER OF COMMISSIONER OF INCOME-TAX (APPEALS)-IV, BARODA IN APPEAL NOS. CAB/ IV-N-214/08-09 DATED 31-03- 2009. THE ASSESSMENT WAS FRAMED BY THE ITO, WARD-4 , NADIA U/S.143(3) OF THE INCOME-TAX ACT, 1961 (HEREINAFTER REFERRED TO AS T HE ACT) VIDE HIS ORDER DATED 27-12- 2006 FOR THE ASSESSMENT YEAR 2004-05. THE PENALTY UNDER DISPUTE WAS LEVIED BY THE ITO, WARD-4, NADIAD U/S.71(1) OF THE ACT VIDE HIS ORDER DATED 01-10-2008. 2. AS WE HAVE ALREADY ESTIMATED THE AGRICULTURAL IN COME AND IN THE PRESENT CASE, THE PENALTY IS LEVIED BY THE ASSESSING OFFICE R BEFORE PASSING OF THE ORDER OF THIS TRIBUNAL, WHEREIN THE MATTER HAS ALREADY SET A SIDE IN ASSESSEES OWN CASE IN ITA NO.1667/AHD/2009 A.Y. 2004-05 SH. SANTABHAI P PATEL V. ITO WD-1, NADIAD PAGE 2 ITA NO.1954/AHD/2008 DATED 08-08-2008 FOR THE ASSESSMENT YEAR 2004-05. IN VIEW OF THE ABOVE, THE PENALTY LEVIED BY THE ASSESSING O FFICER AT THIS STAGE CANNOT SURVIVE. ACCORDINGLY, WE DELETE THE PENALTY. HOWEVER, THE AS SESSING OFFICER IS AT LIBERTY TO INITIATE THE PENALTY PROCEEDINGS, IN CASE, HE FIND THAT THERE IS CONCEALMENT OF INCOME EVEN AFTER THE ORDER OF THE TRIBUNAL AS ABOVE, WHER E WE HAVE SUSTAINED THE ADDITION AT RS.1.52 LAKHS. 3. IN THE RESULT, ASSESSEES APPEAL IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON 13/11/2009 SD/- SD/- (D.C.AGRAWAL) (MAHAVI R SINGH) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) AHMEDABAD, DATED : 13/11/2009 *DKP COPY OF THE ORDER FORWARDED TO :- 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT(APPEALS)- IV, BARODA 4. THE CIT CONCERNS. 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER, /TRUE COPY/ DEPUTY / ASSTT.REGISTRAR ITAT, AHMEDABAD