Deputy Commissioner of Income TAx Central Circle-1(3), Bangalore V. M/s Ananthpur Mining Corporation , Bellary

ITA 1801/BANG/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7696 (ITAT-BANGALORE)
• Duration Of Justice: 10 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 06-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: LAKSHMINARAYANAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A. K. GARODIA , ACCOUNTANT MEMBER ITA NO. 1 80 1 /BANG/201 7 ASSESSMENT YEAR : 20 09 - 1 0 THE DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(3), 3 RD FLOOR, C. R. BUILDING, QUEENS ROAD, BENGALURU-560 001. VS. M/S. ANANTHPUR MINING CORPORATION, GANESH NAGAR, NEAR KUMARASWAMY TEMPLE, INFANTRY ROAD, BELLARY-583 103. PAN : A ACFA 1477 F APPELLANT RESPONDENT REVENUE BY : MS. NEERA MALHOTRA, CIT - DR ASSESSEE BY : SHRI. LAKSHMINARAYANA N, ADVOCATE DATE OF HEARING : 14 . 0 6 .201 8 DATE OF PRONOUNCEMENT : 13 . 0 7 .201 8 O R D E R PER SUNIL KUMAR YADAV, JUDICIAL MEMBER THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF THE CIT(A), INTER ALIA , ON FOLLOWING GROUNDS: 1. WHETHER ON FACTS AND IN CIRCUMSTANCES OF THE CASE, THE LD.CIT(A) HAS ERRED ON FACTS AND IN LAW IN CANCELLING THE PENALTY IMPOSED U/S271(1)(C) OF RS.6,10,85,019/- BASED ON CANCELLATION OF ORDER U/S143(3) IN ASSESSEE'S OWN CASE FOR THE AY 2009-10 BY THE HON'BLE ITAT VIDE ORDER DATED 29.07.2016 WHICH HAS NOT BEEN ITA NO. 1801/BANG/2017 PAGE 2 OF 3 ACCEPTED BY THE DEPARTMENT AND FURTHER APPEAL HAS BEEN FILED BEFORE THE HON'BLE HIGH COURT OF KARNATAKA. 2. WHETHER ON FACTS AND IN CIRCUMSTANCES OF THE CASE, THE LD.CIT(A) HAS ERRED IN NOT APPRECIATING THE FACT THAT THE ASSESSEE HAD FILED ORIGINAL RETURN FOR AY 2009-10 DECLARING INCOME OF RS.11,13,73,960/-,BUT AS A RESULT OF SCRUTINY ASSESSMENT U/S143(3) , THE INACCURATE PARTICULARS OF INCOME/CONCEALED INCOME OF THE ASSESSEE TO THE TUNE OF RS. 17,97,14,679/-HAS BEEN BROUGHT TO TAX. 3. FOR THESE AND SUCH OTHER GROUNDS THAT MAY BE URGED AT THE TIME OF HEARING THE ORDERS OF LD. CIT (A) MAY BE SET ASIDE AND THAT OF ASSESSING OFFICER MAY BE RESTORED. 2. DURING THE COURSE OF HEARING, IT HAS BEEN BROUGHT TO OUR NOTICE THAT THE ADDITION FOR WHICH PENALTY UNDER SECTION 271(1)(C) WAS LEVIED HAS ALREADY BEEN DELETED BY THE TRIBUNAL, THEREFORE THE PENALTY IS NOT SUSTAINABLE IN THE EYES OF THE LAW. MOREOVER, CIT(A) HAD DELETED THE PENALTY IN THE LIGHT OF ORDER OF THE TRIBUNAL. IN THE LIGHT OF THESE FACTS, WE DO NOT FIND ANY INFIRMITY IN THE ORDER OF THE CIT(A). ACCORDINGLY, WE CONFIRM THE ORDER OF THE CIT(A). 3. IN THE RESULT, APPEAL OF THE REVENUE STANDS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 13 TH JULY, 2018. SD/- SD/- BANGALORE. DATED: 13 TH JULY, 2018. /NS/* ( A. K. GARODIA ) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER ITA NO. 1801/BANG/2017 PAGE 3 OF 3 COPY TO: 1. APPELLANTS 2. RESPONDENT 3. CIT 4. DR 5. GUARD FILE BY ORDER SR. PRIVATE SECRETARY, ITAT, BANGALORE.