Deepak Rastogi, Fatehpur V. ITO, Fatehpur

ITA 208/ALLD/2013

• Counselvise Citation: 20820714 RSA 2013
• Duration Of Justice: 2 year(s) 2 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-08-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 04-06-2014
• Assessment Year: 2005-2006
• Appeal Filed On: 07-06-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K SINGH
• Assessee Lawyers: PRAVEEN GODBOLE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ALLAHABAD BENCH ALLAHABAD BEFORE SHRI P.K. BANSAL , ACCOUNTANT MEMBER I.T.A. NO. 208 / ALLD/201 3 ASSESSMENT YEAR: 200 9 - 10 DEEPAK RASTOGI, VS. ITO, RANGE - II(4), FATEHPUR. PROP. M/S. YASHDEEP CLEARING AGENC Y, K.B. NAGAR, FATEHPUR. PAN: ACTPR 8129A (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI PRAVEEN GODBOLE, A.R. REVENUE BY : SHRI A.K. SINGH , DR. DATE OF HEARING: 06 .08.2015 ORDER PER : P.K. BANSAL , A CCOUNTANT MEMBER AT THE OUTSET, FROM THE PERUSAL OF THE RECORD, IT IS APPARENT THAT THE FILING OF THE PRESENT APPEAL IS DELAYED BY THREE DAYS. HOWEVER, I HEREBY CONDONE THE DELAY AND DECIDE TO DISPOSE OF THE PRESENT APPEAL ON MERIT. 2 THIS APP EAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF CIT(A) , ALLAHABAD DATED 28.02 .201 3 FOR THE ASSESSMENT YEAR 200 5 - 06 FOR SUSTAINING THE PENALTY OF RS.18,000/ - IMPOSED U/S.271(1)(C) OF THE IT ACT. 2 3. I HEARD THE RIVAL SUBMISSION AND CAREFULLY CONSIDE R THE SAME. I NOTED THAT SO FAR THE IMPOSITION OF THE PENALTY IN RESPECT OF RS.50,000/ - IS CONCERN ED, THE ADDITION HAS BEEN MADE BY THE ASSESSING OFFICER AND SUSTAINED BY THE CIT(A) JUST BY ESTIMATING THE HOUSE HOLD EXPENSES OF THE ASSESSEE. 4. WHEN THE E XPENSES HAVE BEEN ESTIMATED AND THERE IS NO EVIDENCE THAT THE ASSESSEE HAS ACTUALLY INCURRED THE EXPENDITURE WITH THE REVENUE. IN MY OPINION, IT CANNOT BE SAID THAT THE ASSESSEE HAS CONCEALED THE INCOME. LEARNED DR WAS FAIR ENOUGH TO CONCEDE THAT THE ADDIT ION HAS MERELY BEEN MADE AND SUSTAINED ON ESTIMATE BASIS. I ACCORDINGLY SET ASIDE THE ORDER OF THE CIT(A) AND DELETE THE PENALTY IMPOSED U/S.271(1)(C). 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 31 / 8 / 2015 SD/ - ( P.K. BANSAL ) ACCOUNTANT MEMBER DATED: 31 / 8 /201 5 PRABHAT KUMAR KESARWANI, SR.P.S. COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTR AR