The ACIT,(OSD)Circle-9, Ahmedabad V. M/s. New Arbuda Builders, Ahmedabad

ITA 1759/AHD/2011

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 85564 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 7 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-02-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 05-02-2015
• Assessment Year: 2005-2006
• Appeal Filed On: 04-07-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH AHMEDABAD , LH LHLH LH BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER, AND SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER. ITA. NOS. 1759/AHD/2011 (ASSESSMENT YEAR:2005-06) ACIT(OSD), CIRCLE-9, AHMEDABAD AP PELLANT VS. M/S. NEW ARBUDA BUILDERS, 601/C, SAHAJANAND COMPLEX, SHAHIBAUG ROAD, AHMEDABAD RESPONDENT PAN: AABFN7229H & ITA. NOS. 1788/AHD/2011 (ASSESSMENT YEAR:2005-06) DCIT, CIRCLE-9, AHMEDABAD AP PELLANT VS. I.T.A. NO. 1759/A/11(ACIT(OSD) VS. M/S. NEW ARBUDA BUILDERS) & 1788/A/11 (DCIT VS. M/S. GUJARAT MAHARASHTRA ROAD WAYS) FOR A.Y. 05-06 PAGE 2 M/S. GUJARAT MAHARASHTRA ROADWAYS, 14, MOHAN CHAMBERS, NR. KADIAWADI, PANCHKUVA, AHMEDABAD. RESPONDENT PAN: AAAFG7622G / BY REVENUE :SHRI M. K. SINGH, SR. D.R. / BY ASSESSEE : NONE /DATE OF HEARING :05.02.2015 !' /DATE OF PRONOUNCEMENT :06.02.2015 ORDER PER SHAILENDRA KUMAR YADAV, J.M: THESE APPEALS OF REVENUE (IN CASE OF TWO DIFFERENT ASSESSEE BUT ON SIMILAR ISSUE) ARE ARISING OUT FORM THE ORDERS OF CIT(A)-XV, AHMEDABAD, DATED 12.04.2010 & 22 ND JULY, 2009 FOR THE ASSESSMENT YEARS 2005-06. SO, THEY ARE BEI NG DISPOSED OF BY WAY OF THIS COMMON ORDER FOR THE SAKE OF CONV ENIENCE. 2. IN ITA NO. 1759/AHD/2011 (IN CASE OF NEW ARBUDA BUILDERS) REVENUE HAS RAISED FOLLOWING GROUND: 1) THE LD. COMMISSIONER OF INCOME-TAX(A)-XV, AHMEDABAD HAS ERRED IN LAW AND ON FACTS IN DELETING THE PENALTY OF RS.66,93,149/- LEVIED U/S. 271(1)(C) OF THE ACT. I.T.A. NO. 1759/A/11(ACIT(OSD) VS. M/S. NEW ARBUDA BUILDERS) & 1788/A/11 (DCIT VS. M/S. GUJARAT MAHARASHTRA ROAD WAYS) FOR A.Y. 05-06 PAGE 3 2.1 ASSESSING OFFICER HAS LEVIED PENALTY BASED ON A DDITION OF RS.1,82,91,040/- ADDED U/S. 40(A)(IA) OF THE ACT. IT IS UNDISPUTED THAT TDS HAS BEEN DEPOSITED IN THE GOVER NMENT ACCOUNT ON 27.05.2005 INSTEAD OF 31.03.2005. IN VI EW OF TECHNICAL BREACH OF LAW I.E. LATE DEPOSIT OF TDS, P ENALTY CANNOT BE IMPOSED ON ACCOUNT OF FURNISHING INACCURATE PART ICULARS OF INCOME. LATE DEPOSIT OF TDS HAS BEEN REPORTED IN T HE AUDIT REPORT FILED WITH RETURN. ASSESSEE HAS MADE CERTAI N CLAIM OF DEDUCTION WHICH HAS NOT BEEN ACCEPTED BY REVENUE. PENALTY IS NOT AUTOMATIC BECAUSE QUANTUM AND PENALTY PROCEEDIN GS ARE SURVIVED IN THEIR ON SPHERES. ACCORDING TO US, CI T(A) HAS RIGHTLY DELETED THE PENALTY IN QUESTION, WHICH NEED S NO INTERFERENCE FROM OUR SIDE. 3. AS A RESULT, APPEAL FILED BY REVENUE IS DISMISSE D. 4. IN ITA NO. 1788/AHD/2011 (IN CASE OF M/S. GUJARA T MAHARASHTRA ROADWAYS) REVENUE HAS RAISED FOLLOWING GROUND: 1) THE LD. COMMISSIONER OF INCOME-TAX(A)-XV, AHMEDABAD HAS ERRED IN LAW AND ON FACTS IN DELETING THE PENALTY OF RS.52,20,835/- MADE BY ASSESSING OFFICER U/S. 271(1)(C) OF THE ACT. 4.1 SIMILAR ISSUE AROSE IN ABOVE DISCUSSED CASE OF NEW ARBUDA BUILDERS. FACTS BEING SIMILAR SO FOLLOWING THE SAME REASONING, WE UPHOLD THE SAME. I.T.A. NO. 1759/A/11(ACIT(OSD) VS. M/S. NEW ARBUDA BUILDERS) & 1788/A/11 (DCIT VS. M/S. GUJARAT MAHARASHTRA ROAD WAYS) FOR A.Y. 05-06 PAGE 4 5. IN RESULT, BOTH APPEALS FILED BY REVENUE ARE DIS MISSED. PRONOUNCED IN THE OPEN COURT ON THIS THE 06 TH DAY OF FEBRUARY, 2015. SD/- SD/- (ANIL CHATURVEDI) (SHAILENDRA KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER TRUE COPY S.K.SINHA # # # # %& %& %& %& '&' '&' '&' '&' / COPY OF ORDER FORWARDED TO:- 1. / REVENUE 2. / ASSESSEE 3. ,, - / CONCERNED CIT 4. -- / CIT (A) 5. &12 %, , / DR, ITAT, AHMEDABAD 6. 256 78 / GUARD FILE. BY ORDER / # , 9/ , , ;