S.Srinivasan, CHENNAI V. ACIT Non Corporate Circle 9, CHENNAI

ITA 2139/CHNY/2018

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 8981 (ITAT-CHENNAI)
• Duration Of Justice: 4 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-12-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 16-07-2018
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: R CLEMENT RAMESH KUMAR
• Assessee Lawyers: R K V SUNDAR
• Section: 271(1)(c); 144

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: CHENNAI . , . . , BEFORE SHRI ABRAHAM P.GEORGE, ACCOUNTANT MEMBER AND SHRI DUVVURU R.L.REDDY, JUDICIAL MEMBER ./ I.T.A. NO.2139/CHNY/2018 /ASSESSMENT YEAR: 2005-06 SHRI S. SRINIVASAN, C/O. SRI T.N. SEETHARAMAN, # 384 (OLD NO. 196), LLOYDS ROAD, CHENNAI 600 086. VS. THE ASSISTANT COMMISSIONER OF INCOME TAX, NONE CORPORATE CIRCLE 9, CHENNAI 600 034. [PAN: AALPS4636H] ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI R.K.V. SUNDAR, ADVOCATE /RESPONDENT BY : SHRI R. CLEMENT RAMESH KUMAR, ADDL. CIT /DATE OF HEARING : 03.12.2018 /DATE OF PRONOUNCEMENT : 05.12.2018 / O R D E R PER DUVVURU R.L.REDDY, JUDICIAL MEMBER: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) 10, CHENNAI, DATED 26.04.2018 RELEVANT TO THE ASSESSMENT YEAR 2005-06 PASSED UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961 [ACT IN SHORT]. 2. AT THE OUTSET, BY REFERRING TO THE GROUNDS OF APPEAL, THE LD. COUNSEL FOR THE ASSESSEE HAS SUBMITTED THAT ONCE QUANTUM APPEAL IS PENDING :- 2 -: ITA NO.2139/CHNY/2018 BEFORE THE APPELLATE AUTHORITY, NO PENALTY CAN BE LEVIED UNDER SECTION 271(1)(C) OF THE ACT AND PRAYED THAT THE PENALTY LEVIED MAY BE DELETED. ON THE OTHER HAND, THE LD. DR FAIRLY CONCEDED THAT THE PENALTY APPEAL MAY BE REMITTED BACK TO THE LD. CIT(A) TO ADJUDICATE BOTH THE QUANTUM APPEAL AS WELL AS PENALTY APPEAL. 3. WE HAVE HEARD BOTH THE SIDES, PERUSED THE MATERIALS AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF AUTHORITIES BELOW. IN THIS CASE, ASSESSMENT UNDER SECTION 144 R.W.S. 264 OF THE ACT WAS COMPLETED BY ASSESSING THE TOTAL INCOME OF THE ASSESSEE AT .63,80,875/-. SUBSEQUENTLY, THE ASSESSING OFFICER INITIATED PENALTY PROCEEDINGS BY SERVING NOTICE UNDER SECTION 271(1)(C) R.W. S. 274 OF THE ACT DATED 29.03.2016. SINCE THERE WAS NO REPRESENTATION FROM ASSESSEES SIDE, AFTER CONSIDERING THE FACTS OF THE CASE, THE ASSESSING OFFICER LEVIED PENALTY UNDER SECTION 271(1)(C) OF THE ACT. ON APPEAL AGAINST LEVY OF PENALTY, SINCE, THERE WAS NO REPRESENTATION FROM ASSESSEES SIDE, THE LD. CIT(A) CONFIRMED THE PENALTY LEVIED UNDER SECTION 271(1)(C) OF THE ACT. SINCE THE ASSESSEE HAS RAISED A SPECIFIC GROUND [S. NO. 5 TO 7] THAT THE QUANTUM APPEAL IS PENDING BEFORE THE LD. CIT(A) AND THERE BEING NO OBJECTION FROM DEPARTMENT SIDE, WE REMIT THE MATTER BACK TO THE FILE OF THE LD. CIT(A) TO ADJUDICATE BOTH THE QUANTUM APPEAL AS WELL AS PENALTY APPEAL AND DECIDE THE MATTER IN ACCORDANCE WITH LAW. :- 3 -: ITA NO.2139/CHNY/2018 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON THE 5 TH DECEMBER, 2018, IN CHENNAI. SD/- SD/- ( . ) (ABRAHAM P.GEORGE) /ACCOUNTANT MEMBER ( . . ) (DUVVURU R.L. REDDY) /JUDICIAL MEMBER /CHENNAI, /DATED: 05.12.2018. VM /COPY TO: 1. /APPELLANT 4. /CIT 2. /RESPONDENT 5. /DR 3. ( )/CIT(A) 6. /GF