INCOME TAX OFFICER, WARD, 4(1), Nagpur V. SHRI ANAND M. CHANDAK, Nagpur

ITA 213/NAG/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 93396 (ITAT-NAGPUR)
• Duration Of Justice: 2 year(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-05-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 17-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMITAVA BHATTACHARYA
• Assessee Lawyers: N O N E
• Keywords: Tax effect

Judgement Text

1 ITA NO. 213/NAG/2013 IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR. BEFORE SHRI MUKUL K. SHRAWAT, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER. I.T.A. NO. 213/NAG/2013 ASSESSMENT YEAR :2008-09. THE INCOME-TAX OFFICER, SHRI ANAND M. CHANDAK, WARD-4(1), NAGPUR. V/S. 202, SUBHEDAR APARTMENT, CONGRESS NA GA R, NAGPUR. PAN ADAPC9810Q . APPELLANT. RESPONDENT. APPELLANT BY : SHRI AMITAVA BHATTACHARYA RESPONDENT BY : N ONE. DATE OF HEARING - 06-05-2015 DATE OF ORDER 27 TH MAY,2015 O R D E R PER SHRI MUKUL K. SHRAWAT, J.M. THIS IS AN APPEAL FILED BY THE REVENUE ARISING FROM THE ORDER OF LEARNED CIT(APPEALS)-I, NAGPUR DATED 7 TH MARCH, 2013. THE REVENUE HAS RAISED THE FOLLOWING GROUNDS : 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LEARNED CIT(APPEALS) ERRED IN DELETING THE PENALTY LEVIED U/S 271E OF THE I.T. ACT, 1961. 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LEARNED CIT(APPEALS) FAILED TO APPRECIATE THE FACT THAT TH E AMOUNTS WERE GROUPED UNDER ADVANCES TO STAFF WHEN THE ASSESSEE WAS NO T A MEMBER OF THE STAFF AS WAS EVIDENT FROM HIS OWN STATEMENT RECORDED UND ER OATH. 2 ITA NO. 213/NAG/2013 3. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, THE LEARNED CIT(APPEALS) FAILED TO APPRECIATE THE FACT THAT TH E AMOUNTS WERE REPAID IN CASH AND THE SAID AMOUNTS WERE NOT MEANT FOR THE P URCHASES OF GOODS WHICH IS IN CONTRAVENTION OF SEC. 269T OF THE ACT, AND ALSO THAT PURCHASE OF IMMOVEABLE PROPERTY WAS NOT PART OF THE ASSESSEES JOB PROFILE. 2. ON THE DATE OF HEARING NO ONE HAS APPEARED FROM THE SIDE OF THE RESPONDENT-ASSESSEE. HOWEVER, AT THE OUTSET WE HAVE NOTED THAT THE PENALTY IN QUESTION AMOUNTED TO ` .3,40,000/- ONLY. THE TAX EFFECT BEING LESS THAT TH E PRESCRIBED LIMIT, THEREFORE, THIS APPEAL OF THE REV ENUE, AS PER THE CBDT CIRCULARS IS NOT MAINTAINABLE. IN THIS REGARD, THIS VERY BENC H HAS PASSED A DETAILED ORDER IN THE CASE OF ITO V/S. LATE SHRI SHEODANMAL P. MOKHA IN ITA NO. 277/NAG/2013 DATED 20 TH MAY, 2015 WHEREIN THE REVENUES APPEAL IS DISMISS ED ON THE GROUND THAT THE TAX EFFECT IS LESS THAN THE PRESCRIBED LI MIT. IN THIS CASE ALSO THE TAX EFFECT IS BELOW THE PRESCRIBED LIMIT. 3. SINCE A VIEW HAS ALREADY BEEN TAKEN BY THIS BENC H OF THE TRIBUNAL, THEREFORE, ON THE SAME LINES THIS APPEAL OF THE REV ENUE IS HEREBY DISMISSED IN LIMINE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. SD/- SD/- (SHAMIM YAHYA) (MUKUL K. SHRAWAT) ACCOUNTANT MEMBER JUDICIAL MEMBER. NAGPUR, DATED: 27 TH MAY, 2015. 3 ITA NO. 213/NAG/2013 COPY OF ORDER FORWARDED TO : 1. THE ASSESSEE. 2. REVENUE. 3. THE CIT(A) 4. THE CIT, NAGPUR. 5. THE D.R., ITAT, NAGPUR. 6. GUARD FILE. T RUE COPY. BY ORDER ASSISTANT REGISTRAR, ITAT, N AGPUR WAKODE.