Nawal Kishore & Sons Jewellers, Kanpur V. Asstt. Commissioner of Income Tax, Kanpur

ITA 167/LKW/2006

• Counselvise Citation: [2014] 120 COUNSELVISE.COM (IT) 7996 (ITAT-LUCKNOW)
• Duration Of Justice: 8 year(s) 7 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-12-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 21-10-2014
• Assessment Year: misc
• Appeal Filed On: 02-05-2006
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: VIVEK MISHRA

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH B, LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER ITA NO.167/LKW/2006 BLOCK PERIOD ENDING ON 14/05/97 A.C.I.T., CENTRAL CIRCLE - I, KANPUR. VS M/S NAWAL KISHORE & SONS JEWELLERS, 58/45, BIRHANA ROAD, KANPUR. PAN:AAAFN6779M (RESPONDENT) (APPELLANT) SHRI SHYAM SUNDER GUPTA, C.A. SHRI ASHISH JAISWAL, ADVOCATE APPELLANT BY SHRI VIVEK MISHRA, C.I.T., D. R. RESPONDENT BY 21/10/2014 DATE OF HEARING 16 /12/2014 DATE OF PRONOUNCEMENT O R D E R PER A. K. GARODIA, A.M. THIS IS AN ASSESSEES APPEAL DIRECTED AGAINST THE ORDER PASSED BY LEARNED CIT ( A) - I, KANPUR DATED 20/01/2006 FOR THE BLOCK PERIOD ENDING ON 14/05/97. 2. THE ASSESSEE HAS RAISED VARIOUS GROUNDS BUT THE ONLY GRIEVANCE OF THE ASSESSEE IS REGARDING PENALTY OF RS.2.67 LAC IMPOSED BY ASSESSING OFFICER U/S 158BFA(2) OF THE ACT, WHICH HAS BEEN CONFIRMED BY LEARNED CIT(A). 3. AT THE VERY OUTSET, IT WAS SUBMITTED BY LE ARNED A.R. OF THE ASSESSEE BEFORE US THAT ON PAGES 83 TO 88 IS A JUDGMENT OF HON'BLE ALLAHABAD HIGH COURT IN QUANTUM PROCEEDINGS AND AS PER THE SAME, THE ASSESSMENT ORDER IN THE PRESENT ASSESSMENT ORDER HAS BEEN ANNULLED BY HON'BLE ALLAHABAD HIGH COURT FOR THE REASON THAT NO NOTICE U/S 143(2) WAS ISSUED TO THE ASSESSEE. HE 2 SUBMITTED THAT WHEN THE ASSESSMENT ITSELF DOES NOT SURVIVE, NO PENALTY CAN BE IMPOSED. 4. LEARNED D.R. OF THE REVENUE SUPPORTED THE ORDERS OF THE AUTHORITIES BELOW. 5. WE HAVE CONSIDER ED THE RIVAL SUBMISSIONS. WE FIND THAT IN QUANTUM PROCEEDINGS , THE ASSESSEE CARRIED THE MATTER IN APPEAL BEFORE HON'BLE ALLAHABAD HIGH COURT AND AS PER THIS JUDGMENT DATED 10 TH JULY, 2012 IN INCOME TAX APPEAL NO. 100 OF 2005, IT WAS HELD THAT THE TRIBUNAL ORDER IN QUANTUM PROCEEDINGS IS SET ASIDE AND THE ASSESSMENT ORDER IS ANNULLED ON THE BASIS THAT THE NOTICE U/S 143(2) WAS NOT ISSUED. SINCE THE ASSESSMENT ITSELF HAS BEEN ANN ULLED, THE CONSEQUENT PENALTY CANNOT SURVIVE AND HENCE, WE CANCEL THE PENALTY. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE STANDS ALLOWED. (ORDER WAS PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE) SD/. SD/. (SUNIL KUMAR YADAV) ( A. K. GARODIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 16 /12/2014. *C.L.SINGH COPY OF THE ORDER FORWARDED TO : 1.THE APPELLANT 2.THE RESPONDENT. 3.CONCERNED CIT 4.THE CIT(A) 5.D.R., I.T.A.T., LUCKNOW ASSTT. REGISTRAR