Shri Jaswantlal G.Patel,HUF, Surat V. The ACIT.Circle-3, Surat

ITA 2099/AHD/2011

• Counselvise Citation: [2015] 120 COUNSELVISE.COM (IT) 8629 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 5 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-02-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 09-01-2015
• Assessment Year: 2004-2005
• Appeal Filed On: 25-08-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ROOP CHAND

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD BEFORE SHRI G.C. GUPTA, VICE PRESIDENT (AZ) AND SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER ./ I.T.A. NO.2099/AHD/2011 ( / ASSESSMENT YEAR : 2004-05) JASWANTLAL G.PATEL HUF 35, KHADKI STREET NR.BANK OF INDIA ADAJAN GAM SURAT / VS. THE ASST.CIT CIRCLE-3 SURAT ./ ./ PAN/GIR NO. : AACHP 8216 K ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : WRITTEN SUBMISSIONS / RESPONDENT BY : SHRI ROOP CHAND SR. DR. / DATE OF HEARING 09/01/205 !'# / DATE OF PRONOUNCEMENT 02/02/2015 / O R D E R PER SHRI G.C.GUPTA, VICE PRESIDENT (AZ) : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED A GAINST THE ORDER OF LD.CIT(A)-SURAT, AHMEDABAD, DATED 15/06/2011 FOR THE ASST.YEAR 2004- 05. 2. AT THE TIME OF HEARING OF THE APPEAL, NONE ATTEN DED ON BEHALF OF THE APPELLANT-ASSESSEE. HOWEVER, THE ASSESSEE HAS FILE D WRITTEN SUBMISSIONS BEFORE THE TRIBUNAL WITH THE REQUEST THAT THE SAME MAY BE CONSIDERED AT THE TIME OF DISPOSAL OF THE APPEAL. ACCORDINGLY, THE APPEAL OF THE ASSESSEE IS BEING DISPOSED OF ON MERITS AFTER CONSI DERING THE WRITTEN ITA NO.2099/AHD/2011 JASWANTLAL G.PATEL VS. THE ACIT ASST.YEAR - 2004-05 - 2 - SUBMISSIONS FILED BY THE ASSESSEE AND HEARING THE A RGUMENTS OF THE LD.SR.DR. THE ONLY ISSUE IN THIS APPEAL IS REGARDIN G VALIDITY OF PENALTY LEVIED U/S.271(1)(C) OF THE I.T.ACT, 1961 AMOUNTING TO RS.69,705/- ON ADDITION MADE ON ACCOUNT OF CASH FOUND DURING THE S URVEY PROCEEDINGS. THE ASSESSEE HAS SUBMITTED IN ITS WRITTEN SUBMISSIO NS THAT THE PENALTY LEVIED ON DONATION OF RS.4 LACS PAID TO SMC FOR DEV ELOPMENT WORK AND ADDITION OF RS.12,421/- TOWARDS THE DIFFERENTIAL AM OUNT OF DISCLOSURE HAS ALREADY BEEN DELETED BY THE CIT(A) VIDE HIS ORDER D ATED 15/06/2011 AND AGAINST WHICH THE DEPARTMENT HAS NOT PREFERRED ANY APPEAL BEFORE THE TRIBUNAL. WITH REGARD TO THE THIRD ADDITION OF RS. 2,32,350/- ON ACCOUNT OF EXCESS CASH FOUND AT THE TIME OF SURVEY, THE ASS ESSEE HAS SUBMITTED IN ITS WRITTEN SUBMISSIONS THAT THE ITAT D BENCH AHM EDABAD VIDE ITS ORDER DATED 29/02/2012 IN ITA NO.3707/AHD/2007 FOR THE RELEVANT ASSESSMENT YEAR 2004-05 HAS DELETED THE ADDITION AN D THE COPY OF THE ORDER OF THE TRIBUNAL HAS BEEN FILED BY THE ASSESSE E AND, THEREFORE, NO PENALTY COULD BE IMPOSED ON THE ASSESSEE. THE LD.S R.DR HAS OPPOSED THE SUBMISSIONS OF THE LD.COUNSEL FOR THE ASSESSEE. HE SUBMITTED THAT DURING THE COURSE OF SURVEY PROCEEDING, THE ASSESSEE COUL D NOT EXPLAIN ABOUT THE EXCESS CASH FOUND. THE LD.SR.DR SUPPORTED THE ORDER S OF THE AO AND CIT(A). 3. WE HAVE CONSIDERED THE WRITTEN SUBMISSIONS OF T HE ASSESSEE AND ARGUMENTS OF LD.SR.DR AND PERUSED THE ORDERS OF THE AO AND CIT(A) AS WELL AS THE DECISION OF THE COORDINATE BENCH PASSE D IN ASSESSEES OWN CASE (QUANTUM APPEAL) DATED 29/02/2012, WHEREIN THE ADDITION OF RS.2,32,350/- HAS BEEN DELETED BY THE TRIBUNAL. I N THIS FACTS, WE ARE OF ITA NO.2099/AHD/2011 JASWANTLAL G.PATEL VS. THE ACIT ASST.YEAR - 2004-05 - 3 - THE VIEW THAT THERE REMAINS NO JUSTIFICATION FOR IM POSITION OF PENALTY OF RS.69,705/- U/S.271(1)(C) OF THE ACT ON ADDITION OF RS.2,32,350/- TOWARDS CASH FOUND DURING THE SURVEY AND, ACCORDINGLY, CANC ELLED THE PENALTY AND THE GROUNDS OF APPEAL OF THE ASSESSEE ARE ALLOWED. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED. SD/- SD/- ( ANIL CHATURVEDI ) ( G.C. GUPTA ) ACCOUNTANT MEMBER VICE PRESIDENT (AZ) AHMEDABAD; DATED 02 / 02/2015 &.., .(../ T.C. NAIR, SR. PS !'# $#! / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. )*+ , / CONCERNED CIT 4. , ( ) / THE CIT(A)-SURAT 5. /01 ((*+ , *+# , ) / DR, ITAT, AHMEDABAD 6. 145 6 / GUARD FILE. / BY ORDER, / ( //TRUE COPY// / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION .. 9.1.15 (DICTATION-PAD 5-PA GES ATTACHED AT THE END OF THIS FILE) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER ..9.1.15 3. OTHER MEMBER... 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S./P.S.02.02.15 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 02.02.15 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK.. . 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER