Varia Engineering Works Pvt. Ltd., Ahmedabad V. The Dy.CIT, (OSD), Circle-8, Ahmedabad

ITA 1745/AHD/2015

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 6013 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 8 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-02-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 15-06-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

ITA NO.1745/AHD/2015 A.Y. 2012-13 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH, AHMEDABAD BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER ITA NO.1745/AHD/2015 ASSESSMENT YEAR: 2012-13 VARIA ENGINEERING WORKS PVT. LTD., VS. DY. COMMISSI ONER OF INCOME TAX PLOT NO.2005, PHASE IV, (OSD), CIRCLE 8, AHME DABAD. G.I.D.C., VATVA, AHMEDABAD. [PAN AABCV 0396 G] (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : JAMES KURIAN, SR. D.R. DATE OF HEARING : 28.02.2018 DATE OF PRONOUNCEMENT : 28.02.2018 O R D E R PER PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER 1. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF LD. CIT(A)-8, AHMEDABAD DATED 01.05.2015 FOR THE ASSESSMENT YEAR 2012-13. 2. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL : 1. THE LD. CIT(APPEALS) HAS ERRED IN LAW AND ON FA CTS IN UPHOLDING THE LEVY OF HUGE PENALTY OF RS.10 LACS U/S.221(1) FOR LATE P AYMENT OF SELF ASSESSMENT TAX WITHOUT APPRECIATING THE FACTS OF TH E APPELLANT INASMUCHAS THAT ON ACCOUNT OF GOOD AND SUFFICIENT R EASONS THE PAYMENT COULD NOT BE MADE IN TIME. 2. HE HAS ERRED IN LAW AND ON FACTS IN CONFIRMING T HE PENALTY WITHOUT APPRECIATING THE FACTS THAT AT THE TIME OF ISSUE OF SECOND SHOW CAUSE NOTICE NO LIABILITY U/.S.140A WAS EXISTING AND THE BANK STATEMENT RELIED UPON WAS NOT CONFRONTED FOR EXPLANATION OF THE APPE LLANT. 3. ON THE FACTS NO SUCH PENALTY OUGHT TO HAVE BEEN LEVIED. ITA NO.1745/AHD/2015 A.Y. 2012-13 PAGE 2 OF 2 3. IT IS NOTICED THAT WHEN THE MATTER CAME UP FOR H EARING, NONE APPEARED FOR AND ON BEHALF OF THE ASSESSEE APPELLANT DESPITE NOTICE HAVING BEEN SENT BY REGISTERED POST. FROM THIS, IT IS REASONABLE TO INFER THAT T HE ASSESSEE IS NOT SERIOUS TO PURSUE ITS CASE. HONBLE SUPREME COURT IN THE CASE OF CIT VS. B.N. BHATTACHARGEE AND ANOTHER, 118 ITR 461(SC) OBSERVED THAT PREFERRING A N APPEAL MEANS EFFECTIVELY PURSUING IT. HONBLE M.P. HIGH COURT IN THE CASE O F ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT, 223 ITR 480(M.P.) DISMISSED THE REFERENCE FILED BY THE ASSESSEE FOR NOT TAKING NECESSARY STEPS. SIMILAR VIEW IS TAKEN BY I .T.A.T., DELHI BENCH IN THE CASE OF MULTIPLAN INDIA LTD., 38 ITD 320. CONSIDERING THE ABOVE, IT APPEARS THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING ITS APPEA L. WE, THEREFORE, DISMISS THE APPEAL FILED BY THE ASSESSEE FOR NON-PROSECUTION. 3. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS D ISMISSED. (ORDER PRONOUNCED IN THE OPEN COURT ON THIS 28 TH OF FEBRUARY, 2018) SD/- SD/- RAJPAL YADAV PRADIP KUMAR KEDIA (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) AHMEDABAD, THE 28 TH DAY OF FEBRUARY, 2018 COPIES TO: (1) THE APPELLANT (2) THE RESPONDEN T (3) CIT (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER E COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD