Sri.K.P.Ashokan, Calicut V. The ITO, Calicut

ITA 21/COCH/2013

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 4582 (ITAT-COCHIN)
• Duration Of Justice: 6 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-08-2013
• Appeal Filed By: Assessee
• Bench Allotted: DB
• Next Hearing Date: 10-07-2013
• Assessment Year: 2006-2007
• Appeal Filed On: 18-01-2013
• Court: TRIBUNAL
• Department Lawyers: S VIJAYAPRABHA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE S/SHRI N.R.S.GANESAN, JM AND B.R.BASKAR AN, AM I.T.A. NO. 21/COCH/2013 ASSESSMENT YEAR : 2006-07 SHRI K.P. ASHOKAN, PRABHA ELECTRICALS, JAIL ROAD, CALICUT. [PAN: ACKPA 7294G] VS. THE INCOME TAX OFFICER, WARD- 1(1), CALICUT. (ASSESSEE -APPELLANT) (REVENUE-R ESPONDENT) ASSESSEE BY NONE REVENUE BY SMT. S. VIJAYAPRABHA, JR. DR DATE OF HEARING 10/07/2013 DATE OF PRONOUNCEMENT 16/08/2013 O R D E R PER B.R.BASKARAN, ACCOUNTANT MEMBER: THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER DATED 11-10-2012 PASSED BY THE LD. CIT(A)-I, KOZHIKODE CONFIRMING TH E PENALTY OF RS.1.00 LAKH LEVIED BY THE ASSESSING OFFICER U/S. 271B OF THE ACT FOR THE ASSESSMENT YEAR 2006-07. NONE APPEARED ON BEHALF OF THE ASSESSEE. HOWEVER, THE A UTHORISED REPRESENTATIVE OF THE ASSESSEE HAS FILED WRITTEN SUBMISSIONS. 2. WE HEARD THE LD. DR AND GONE THROUGH THE WRITTEN SUBMISSIONS FILED BY LD A.R. THE FACTS BORNE OUT OF RECORD ARE THAT THE ASSESSEE IS ENGAGED IN THE BUSINESS OF TRADING IN ELECTRICAL GOODS BESIDES UNDERTAKING ELE CTRICAL CONTRACT WORKS. FOR THE ASSESSMENT YEAR 2006-07, THE ASSESSEE FILED HIS RET URN OF INCOME ONLY ON 25-02-2008. THE ASSESSING OFFICER NOTICED THAT THE ASSESSEE HAS FAILED TO GET HIS ACCOUNTS AUDITED AND FURNISH THE AUDIT REPORT IN TIME AS PER THE PRO VISIONS OF SEC. 44AB OF THE ACT. I.T.A. NO. 21/COCH/2013 2 HENCE THE ASSESSING OFFICER INITIATED PENALTY PROCE EDINGS U/S. 271B OF THE ACT. THE ASSESSEE SUBMITTED THAT HIS ACCOUNTANT WAS LAID UP WITH ILLNESS AND HENCE HE COULD NOT FINALISE THE BOOKS OF ACCOUNTS AND IT HAS RESULTED IN DELAY IN OBTAINING THE AUDIT REPORT. SINCE THE ASSESSEE DID NOT PRODUCE ANY EVIDENCE TO SUBSTANTIATE THE SAID SUBMISSIONS, THE ASSESSING OFFICER LEVIED PENALTY OF RS.1.00 LAK H U/S. 271B OF THE ACT. THE LD. CIT(A) ALSO CONFIRMED THE SAME ON IDENTICAL REASON. HENCE, THE ASSESSEE HAS FILED THIS APPEAL BEFORE US. 3. WE NOTICE THAT THE ASSESSEE HAS FURNISHED A COPY OF MEDICAL CERTIFICATE DATED 09- 01-2013 OBTAINED FROM DR. NARAYANANKUTTY WARRIER TO SUBSTANTIATE THE CLAIM THAT HIS ACCOUNTANT FELL SICK DURING THE RELEVANT PERIOD. W E HAVE ALREADY NOTICED THAT BOTH THE ASSESSING OFFICER AS WELL AS THE LD. CIT(A) HAVE RE JECTED THE EXPLANATIONS OF THE ASSESSEE ONLY FOR THE REASON THAT THE ASSESSEE COUL D NOT SUBSTANTIATE HIS SUBMISSIONS WITH ANY EVIDENCE. BEFORE US, THE ASSESSEE HAS FIL ED THE MEDICAL CERTIFICATE, APPARENTLY FOR THE FIRST TIME. HENCE, IN OUR VIEW, THE IMPUGN ED ISSUE REQUIRES FRESH EXAMINATION AT THE END OF THE ASSESSING OFFICER. ACCORDINGLY, WE SET ASIDE THE ORDER OF THE LD. CIT(A) AND RESTORE THE MATTER TO THE FILE OF THE ASSESSING OFFICER WITH A DIRECTION TO EXAMINE THE ISSUE AFRESH BY DULY CONSIDERING THE MEDICAL CE RTIFICATE FURNISHED BY THE ASSESSEE AND ALSO ANY OTHER INFORMATION THAT MAY BE FURNISHE D BEFORE HIM. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED ACCORDINGLY ON 16-08-20 13. SD/- SD/- (N.R.S.GANESAN) (B.R.BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE: KOCHI DATED: 16TH AUGUST, 2013 GJ I.T.A. NO. 21/COCH/2013 3 COPY TO: 1. SHRI K.P. ASHOKAN, PRABHA ELECTRICALS, JAIL ROAD, CALICUT. 2 THE INCOME TAX OFFICER, WARD-1(1), CALICUT. 3. THE COMMISSIONER OF INCOME-TAX(APPEALS), KOZHIKO DE. 4.THE COMMISSIONER OF INCOME-TAX, KOZHIKODE. 5. D.R., I.T.A.T., COCHIN BENCH, COCHIN. 6. GUARD FILE. BY ORDER (ASSISTANT REGISTRAR) I.T.A.T, COCHIN