Smt. Sabita Banik, Kolkata V. ITO, Ward - 36(3), Kolkata, Kolkata

ITA 171/KOL/2011

• Counselvise Citation: 17123514 RSA 2011
• Duration Of Justice: 9 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-11-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 27-01-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

[ ITA NO. 171/KOL/2011] 2 JURISDICTIONAL HIGH COURT REMITTED BACK THE MATTER TO THE INCOME TAX OFFICER FOR FRESH ASSESSMENT FOR THE ASSESSMENT YEAR IN QUESTION I.E. 2005-06 UP ON TAKING INTO CONSIDERATION THE INVESTMENT OF RS.8.00 LAKHS IN BONDS ISSUED BY NABARD. IN THAT WA Y, THEIR LORDSHIPS DISPOSED OF THE WRIT PETITION. LD. COUNSEL FOR THE ASSESSEE RELYING THE ORDER OF JURISDICTIONAL HIGH COURT SUBMITTED THAT AS THE QUANTUM APPEAL IS PENDING BEFORE THE INCOME TAX OFFICER AS PER ORDER OF THE JURISDICTIONAL HIGH COURT, PENALTY ORDER AT THIS STAGE WILL NOT SU RVIVE. HENCE, LD. COUNSEL PLEADED BEFORE US THAT THIS PENALTY MAY ALSO BE REMITTED BACK TO THE ASSES SING OFFICER TO DECIDE THE PENALTY AFTER ADJUDICATING ON THE QUANTUM. LD. COUNSEL, THEREFORE , SUBMITTED THAT IN THE INTEREST OF JUSTICE, THE APPEAL OF THE ASSESSEE MAY BE ALLOWED. 4. ON THE OTHER HAND, LD. DEPARTMENTAL REPRESENTATI VE RELIED ON THE ORDERS OF THE AUTHORITIES AND SUBMITTED THAT PENALTY IS AN INDEPENDENT PROCEE DING. 5. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD INCLUDING THE PRECEDENTS. HONBLE JURISDICTIONAL HIGH COURT P ASSED A SPEAKING ORDER WHILE REMITTING BACK THE ISSUE TO THE ASSESSING OFFICER, WARD 36(3), KOLKATA FOR FRESH ASSESSMENT FOR THE ASSESSMENT YEAR IN QUESTION I.E. 2005-06. AS THE QUANTUM IS TO BE DECI DED FOR THE PURPOSE OF LEVYING PENALTY, THE PENALTY APPEAL BEFORE US WILL BE DEPENDENT UPON THE DECISION OF ASSESSING OFFICER IN THE QUANTUM PROCEEDINGS AND TO AVOID PARALLEL LITIGATION. WE SE T ASIDE THE ISSUE BACK TO THE FILE OF THE ASSESSING OFFICER FOR ADJUDICATION IN ACCORDANCE WITH LAW AFT ER ADJUDICATING THE QUANTUM IN THE YEAR OF APPEAL BEFORE US. IT IS NEEDLESS TO MENTION THAT ASSESSEE SHOULD COOPERATE WITH THE DEPARTMENT AND THE ASSESSING OFFICER SHOULD OFFER SUFFICIENT OPPORTUNI TY TO THE ASSESSEE OF BEING HEARD. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT ON 118.11.2011. SD/- SD/- [ . . . . . .. . , ] [ . . . . , ,, , ] [ C. D. RAO ] [ N. VIJAYAKUMARAN ] ACCOUNTANT MEMBER JUDICIAL MEMBER D ATED : 18TH NOVEMBER, 2011.