Chandra Prakash Sharma, Ahmedabad V. Income Tax Officer, Ward-7 (1) (3), Ahmedabad

ITA 1743/AHD/2017

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 8188 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-01-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2006-2007
• Appeal Filed On: 17-07-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: ASHWANI SHAH
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER I.T.A. NO.1743/AHD/2017 (ASSESSMENT YEAR : 2006-07) CHANDRA PRAKASH SHARMA, D-59, KARMACHARI NAGAR, GHATLODIA ROAD, RANNA PARK, GHATLODIA, AHMEDABAD 380 061. VS. THE ITO, WARD 7(1)(3), AHMEDABAD 380 009. [PAN NO. AIGPS 0264 C] ( APPELLANT ) .. ( RESPONDENT ) APPELLANT BY : SHRI ASHWANI SHAH & BHADRESH GANDHAKWALA, A.R. RESPONDENT BY : SHRI JAYANT JHAVERI, SR.D.R. DATE OF HEARING 14/12/2018 DATE OF PRONOUNCEMENT 01/01/2019 O R D E R PER MS. MADHUMITA ROY - JM: THE INSTANT APPEAL FILED BY THE ASSESSEE IS AGAINST THE ORDER DATED 25.05.2017 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)- 7, AHMEDABAD [LD. CIT(A) IN SHORT] FOR ASSESSMENT YEAR (AY) 2006-07 ARISING OUT OF THE PENALTY ORDER U/S.271(1)(C) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED T O AS 'THE ACT') DATED 30.03.2016 PASSED BY THE ITO, WARD-7(1)(3), AHMEDABAD WITH THE FOLLOWING GROUNDS: 1. THE LD.CIT(A) HAS ERRED IN CONFIRMING THE PENA LTY OF RS.1,24,235/- UNDER SECTION 271(1)(C) ON THE GROUND THAT THERE IS NO EV IDENCES WERE FURNISHED THOUGH THE EVIDENCES WERE FURNISHED AS PER THE SUBM ISSION DATED 13.04.2017 BY THE ASSESSEE REPRODUCED IN THE APPELL ATE ORDER. 2. THE FACTS OF THE CASE IS THIS THAT THE LEARNED A O HAS IMPOSED PENALTY OF RS.1,24,235/- AGAINST THE ASSESSEE FOR CONCEALMENT OF INCOME. SUCH PENALTY PROCEEDING - 2 - ITA NO.1743/AHD/2017 CHANDRA PRAKASH SHARMA VS. ITO ASST.YEAR 2006-07 WAS INITIATED ON THE BASIS OF THE ASSESSMENT ORDER DATED 24.03.2014 PASSED BY THE ITO, WARD 13(3), AHMEDABAD WHEREBY AN ADDITION OF RS.6,0 8,995/- AS LONG TERM CAPITAL GAIN OF THE ASSESSEE HAS BEEN MADE TO THE TOTAL INCOME O F THE ASSESSEE. 3. AT THE TIME OF HEARING OF THE INSTANT APPEAL, TH E LEARNED COUNSEL APPEARING FOR THE ASSESSEE SUBMITTED BEFORE US THAT THE APPEAL PREFER RED BY THE ASSESSEE AGAINST THE QUANTUM PROCEEDING HAS BEEN DECIDED BY THE ITAT ON 10.05.2018 IN FAVOUR OF THE ASSESSEE. THE ADDITION SO MADE BY THE ASSESSING OFF ICER HAS BEEN QUASHED BY THE CO- ORDINATE BENCH IN ITA NO.3348/AHD/2015 FOR A.Y. 200 6-07. THE COPY OF THE SAID ORDER DATED 10.05.2018 PASSED BY THE CO-ORDINATE BENCH WA S ALSO MADE AVAILABLE TO US BY THE LEARNED AR. SINCE THE ORDER OF ADDITION HAS BEEN QU ASHED, THE APPEAL ARISING OUT OF SUCH PENALTY PROCEEDING BEFORE US PREFERRED BY THE ASSES SEE BECOME INFRUCTUOUS AS CONTENDED BY THE LEARNED AR. HOWEVER, THE LEARNED DR RAISED N O OBJECTION TO THE SUBMISSION MADE BY THE LEARNED AR. 4. HAVING HEARD THE LEARNED COUNSEL APPEARING FOR T HE PARTIES, HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE AND UPON PERUSA L OF THE ORDER PASSED BY THE LEARNED ITAT, WE ARE OF THE VIEW THAT SINCE THE QUANTUM HAS BEEN DELETED BY THE LD TRIBUNAL BY QUASHING THE ENTIRE ASSESSMENT PROCEEDING, THE INST ANT PENALTY APPEAL ARISING OUT OF SUCH QUANTUM ORDER BECOMES INFRUCTUOUS. HENCE, APPEAL IS DISMISSED AS INFRUCTUOUS. 5. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED AS INFRUCTUOUS. THIS ORDER PRONOUNCED IN OPEN COURT ON 0 1/01/2019 SD/- SD/- ( WASEEM AHMED ) ( MS. MADHUMITA ROY ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 01/01/2019 PRITI YADAV, SR.PS - 3 - ITA NO.1743/AHD/2017 CHANDRA PRAKASH SHARMA VS. ITO ASST.YEAR 2006-07 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. () / THE CIT(A)-7, AHMEDABAD. 5. , ! ' , #$%% / DR, ITAT, AHMEDABAD 6. &' () / GUARD FILE. / BY ORDER, //TRUE COPY// / ( DY./ASSTT.REGISTRAR) !, #$ / ITAT, AHMEDABAD 1. DATE OF DICTATION 14/12/2018 (DICTATION PAGES 3 ) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 17/12/2018 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S 31/12/2018 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S. 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER