Sri Tarun Barat, Bankura V. ITO, Ward - 4, Bankura, Bankura

ITA 19/KOL/2010

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 2562 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-06-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 05-01-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: P C NAYAK
• Assessee Lawyers: D K SEN
• Keywords: Reasonable cause

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL, BENCH - C , KOLKATA ( ) BEFORE . . , SHRI B.R.MITTAL, JUDICIAL MEMBER. /AND . . , , SHRI C.D. RAO, ACCOUNTANT ME MBER . / I.T.A.NO. 19/KOL/2010 / ASSESSMENT YEAR 2007 - 08 SRI TARUN BARAT, HIGH SCHOOL ROAD, P.O. KHATRA, DIST.BANKURA. PAN ADMPB 1157 A - - - VERSUS - . INCOME - TAX OFFICER, WARD 4, BILASH BHAWAN, CHANDMARIDANGA, P.O. & DIST. BA NKURA PIN - 722101 ( / A PPELLANT ) ( / RESPONDENT ) / FOR THE APPELLANT : / SHRI D.K.SEN, AR / FOR THE RESPONDENT : / SHRI P.C.NAYAK, DR / ORDER . . , SHRI B.R.MI TTAL, JUDICIAL MEMBER. THE ASSESSEE HAS FILED THIS APPEAL AGAINST ORDER DT.25.11.2009 OF THE COMMISSIONER OF INCOME - TAX (APPEALS) DURGAPUR CONFIRMING THE PENALTY OF RS.25,000 LEVIED U/S.271A OF THE INCOME - TAX ACT,1961 FOR THE ASSESSMENT YEAR 2007 - 08. 2. ON THE GROUND THAT THE ASSESSEE NEVER PRODUCED THE REGULAR BOOKS OF ACCOUNT I.E., CASH BOOK, LEDGER, STOCK SALE AND PURCHASE REGISTER WITH SUPPORTING BILLS VOUCHERS ETC., AND BY NOT ACCEPTING THE CONTENTION OF THE ASSESSEE THAT REGULAR BOOKS OF ACCOUNTS WE RE EATEN BY WHITE - ANTS, THE ASSESSING OFFICER LEVIED PENALTY U/S.271A OF THE ACT., AND IN APPEAL, THE SAME HAVING BEEN CONFIRMED BY THE LEARNED CIT(A), THE ASSESSEE IS IN APPEAL HERE BEFORE THE TRIBUNAL. 3. DURING THE COURSE OF HEARING, THE LEARNED AR OF T HE ASSESSEE SUBMITTED THAT THE ACCOUNTS OF THE ASSESSEE ARE AUDITED. THE ASSESSING OFFICER HAS LEVIED THE PENALTY ON PRESUMPTION THAT THE BOOKS OF ACCOUNT WERE NOT MAINTAINED BY THE ASSESSEE. HE SUBMITTED THAT THE BOOKS OF ACCOUNT COULD NOT BE PRODUCED DUE TO A REASONABLE CAUSE AS THE SAME WERE DESTROYED BY WHITE - ANTS. HE SUBMITTED THAT THE PENALTY SHOULD BE DELETED. THE LEARNED DR, ON THE OTHER HAND, RELIED ON THE ORDERS OF THE AUTHORITIES BELOW AND CONTENDED THAT THE CONTENTION OF THE ASSESSEE THAT THE / I.T.A.NO.19/KOL/2010 2 AC COUNTS WERE DESTROYED BY WHITE - ANTS IS NOT SUPPORTED BY ANY EVIDENCE. SINCE THE ASSESSEE DID NOT MAINTAIN BOOKS OF ACCOUNT, THE LEVY OF PENALTY U/S.271A LEVIED BY THE ASSESSING OFFICER AND CONFIRMED BY THE LEARNED CIT(A) IS JUSTIFIED. 4. WE HAVE HEARD THE LEARNED REPRESENTATIVES OF BOTH THE PARTIES. IT IS THE CONTENTION OF THE ASSESSEE RIGHT FROM THE BEGINNING THAT THE BOOKS OF ACCOUN TS WERE DESTROYED BY WHITE - ANTS, BUT TO THIS, THE ASSESSEE HAS NOT FILED ANY EVIDENCE IN THIS REGARD EITHER BEFORE THE AUTHO RITIES BELOW OR EVEN BEFORE THIS FORUM. THEREFORE, IN ABSENCE OF ANY EVIDENCE AND ADMITTEDLY THAT ASSESSEE FAILED TO PRODUCE BOOKS OF ACCOUNTS , IN OUR CONSIDERED VIEW, AND AS SUCH, WE UPHOLD THE IMPUGNED ORDER OF THE LEARNED CIT(A) CONFIRMING THE ACTION O F THE ASSESSING OFFICER IN LEVYING THE PENALTY U/S.271A OF THE ACT AND HENCE, WE REJECT THE APPEAL OF THE ASSESSEE. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED. THIS ORDER IS PRONOUNCED IN OPEN COURT O N DT. 11.06.2010 SD/ - SD/ - ( . . ) (C.D. RAO), ACCOUNTANT MEMBER ( . . ), ( B.R.MITTAL ), JUDICIAL MEMBER ( ) DATE : 11.06.2010 - COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT : SRI TARUN BARAT, HIGH SCHOOL ROAD, P.O. KHATRA, DIST.BANKURA 2 / THE RESPONDENT - INCOME - TAX OFFICER, WARD 4, BILASH BHAWAN, CHANDMARIDANGA, P.O. & DIST. B ANKURA PIN - 722101 3. / THE CIT, 4. ( )/ THE CIT(A), 5. / DR, KOLKATA BENCH 6. GUARD FILE . / TRUE COPY , / BY ORDER , ( /) H.K.PADHEE / SNR.PRIVATE SECRETARY. / I.T.A.NO.19/KOL/2010 3 / DEPUT Y REGISTRAR .