BANSILAL RAMNATH AGRAWAL CHARITABLE TRUST, Pune V. DCIT CEN. CIR 1(2), Pune

ITA 198/PUN/2011

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 7472 (ITAT-PUNE)
• Duration Of Justice: 1 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-03-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 01-07-2013
• Assessment Year: 2001-2002
• Appeal Filed On: 11-02-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ABHAY DAMLE
• Keywords: Charitable institution
• Section: 142(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES A : PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV, JM AND SHRI D. KARUNAKARA RAO. AM I.T.A. NO. 198 TO 203/PN/2011 A.Y. 2001-02 TO 2006-07 BANSILAL RAMNATH AGARWAL CHARITABLE TRUST 251 BUDHWAR PETH, PUNE-411 002 PAN AAATB 4383 K APPELLANT VS. DY. CIT CEN. CIR. 1(2) PUNE RESPONDENT APPELLANT BY : SHRI NIKHIL PATHAK RESPONDENT BY: SHRI ABHAY DAMLE ORDER PER BENCH ALL THESE SIX APPEALS RAISING COMMON ISSUE PERTAINI NG TO CONFIRMATION OF PENALTY U/S 271(1)(B) OF THE ACT RE LATE TO THE SAME ASSESSEE. SO, THEY WERE HEARD TOGETHER AND AR E BEING DISPOSED OFF BY THIS CONSOLIDATED ORDER FOR THE SAK E OF CONVENIENCE. 2. THE ASSESSEE BELONGS TO AGARWAL-MALU GROUP WHICH WAS SEARCHED BY THE DEPARTMENT IN JULY 2005. THE ASSES SMENT WAS CONSEQUENTLY COMPLETED U/S 153A(B) OF THE ACT. PENALTY ITA NO. 198 TO 203/PN/11 BANSILAL RAMNATH AGARWAL CHARITABLE TRUST A.Y. 2001-02 TO 2006-07 2 PROCEEDINGS U/S 271(1)(B) OF THE ACT WERE INITIATED AFTER OBSERVING NON-COMPLIANCE OF STATUTORY NOTICES ISSUE D U/S 143(2) AND 142(1) ON THE FOLLOWING DATES DURING THE ASSESSMENT PROCEEDINGS. 1. NOTICE U/S 143(2) OF THE ACT DT. 18-6-2006 2. NOTICE U/S 142/142(1) OF THE ACT DT. 18-9-2007 3. NOTICE U/S 142(1) OF THE ACT DT. 10-10-2007 4. NOTICE U/S 142(1) OF THE ACT DT. 23-10-2007 5. NOTICE U/S 142(1) OF THE ACT DT. 6-11-2007 3. HOWEVER, THE ASSESSEE DID NOT RESPOND TO THE ABO VE NOTICES AND THEREFORE, THE ASSESSING OFFICER CONCLU DED THAT THE ASSESSEE WILLFULLY DIS-REGARDED THE NOTICES ISSUED U/S 143(2) AND 142(1) OF THE ACT. HE ACCORDINGLY LEVIED PENAL TY OF RS. 30,000/- U/S 271(1)(B) OF THE ACT FOR EACH OF THE A SSESSMENT YEARS UNDER CONSIDERATION WHICH WAS CONFIRMED BY TH E CIT(A) IN APPEAL. 4. HAVING HEARD BOTH THE PARTIES AND PERUSING THE M ATERIAL ON RECORD, WE FIND THAT ON SIMILAR SET OF FACTS, TH IS BENCH OF THE TRIBUNAL IN THE CASE OF MRS. SUNITA M. MALU IN ITA NO. 32 TO 38/PN/2010 FOR A.Y. 2000-01 TO 2006-07 DATED 1-7 -2010) HAS RESTORED THE MATTER TO THE FILE OF THE ASSESSIN G OFFICER WITH A DIRECTION TO DECIDE THE SAME AS PER FACT AND LAW. FACTS BEING SIMILAR, SO FOLLOWING THE SAID DECISION OF TH E TRIBUNAL AND IN THE INTEREST OF JUSTICE, WE RESTORE ALL THES E APPEALS TO ITA NO. 198 TO 203/PN/11 BANSILAL RAMNATH AGARWAL CHARITABLE TRUST A.Y. 2001-02 TO 2006-07 3 ASSESSING OFFICER WITH A DIRECTION TO DECIDE THE SA ME AS PER FACT AND LAW AFTER PROVIDING DUE OPPORTUNITY OF HEA RING. THE ASSESSEE WILL BE AT LIBERTY TO ESTABLISH ITS BONAFI DE FOR NON- ATTENDANCE ON EACH DATE WITH COGENT REASONS. SINCE WE ARE RESTORING THE MATTER TO THE ASSESSING OFFICER ON BA SIC ISSUE, SO WE ARE REFRAINED TO COMMENT ON THE MERITS OF THE IS SUE. 5. IN THE RESULT, ALL THE APPEALS OF THE ASSESSEE A RE ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON 23 RD MARCH 2011. SD/- SD/- (D. KARUNAKARA RAO) (SHAILENDRA KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER PUNE DATED THE 23 RD MARCH 2011 ANKAM COPY OF ORDER FORWARDED TO : 1. ASSESSEES 2. DEPARTMENT 3. CIT - II PUNE 4. CIT(A) III PUNE 5. ITAT, D.R. A BENCH, PUNE. TRUE COPY BY ORDER ASSTT. REGISTRAR INCOME TAX APPELLATE TRIBUNAL PUNE.