Shri Kamlesh Ratilal Jariwala, Surat V. The Income tax Officer,Ward-5(2), Surat

ITA 2156/AHD/2010

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 5868 (ITAT-AHMEDABAD)
• Duration Of Justice: 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-07-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2005-2006
• Appeal Filed On: 24-06-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P R GHOSH
• Keywords: Opportunity of being heard
• Section: 271(1)(c)

Judgement Text

- 1 - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH SMC AHMEDABAD BEFORE SHRI D.C.AGRAWAL, ACCOUNTANT MEMBER KAMLESH RATILAL JARIWALA, 8/55, SANGHADIAWAD, GOPIPURA, SURAT. VS. INCOME-TAX OFFICER, WARD 5(2), SURAT. (APPELLANT) .. (RESPONDENT) ASSESSEE BY :- NONE REVENUE BY:- SHRI P. R. GHOSH, DR O R D E R PER D. C. AGRAWAL, ACCOUNTANT MEMBER . THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST TH E ORDER OF LD. CIT(A) WHEREIN HE HAS CONFIRMED THE LEVY OF PENALTY OF RS.22,950/- IMPOSED UNDER SECTION 271(1)(C) OF THE ACT. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE. I HAVE HEARD THE LD. DR. 3. AS PER FACTS OF THE CASE THE AO FOUND THAT A SUM OF RS.75,000/- HAS BEEN CREDITED TO ASSESSEES CAPITAL ACCOUNT BEING G IFT RECEIVED FROM SMT. JYOTSNABEN DEEPAK KUMAR CLAIMED AS SISTER. ON VERIF ICATION OF BANK ACCOUNT OF SMT. JYOTSNABEN DEEPAK KUMAR IT WAS NOTI CED BY THE AO THAT CASH OF RS.50,000/- AND RS.1 LAC WAS DEPOSITED IN T HE BANK ACCOUNT ON 28.12.2004 AND 29.12.2004 AND ON THE OTHER HAND, GI FT OF RS.75,000/- WAS GIVEN TO HIM AND TO URVASHI KAMLESH JARIWALA OF THE SAME AMOUNT ON ITA NO.2156/AHD/2010 ASST. YEAR :2005-06 2 SOME OTHER DATES NOT COINCIDING WITH THE DATES OF C ASH DEPOSITS. THE ADDITION WAS MADE BY THE AO IN THE TOTAL INCOME OF THE ASSESSEE AND ACCORDINGLY RETURN OF INCOME OF RS.1,73,690/- WAS A SSESSED AT RS.2,84,615/- AFTER MAKING SOME OTHER ADDITIONS ALS O. THE ADDITION WAS CONFIRMED IN FIRST APPEAL AND THE ASSESSEE PREFERRE D AN APPEAL BEFORE THE TRIBUNAL. IN THE MEANTIME THE AO LEVIED THE PENALTY UNDER SECTION 271(1)(C) AT RS.22,950/- BY REJECTING THE REQUEST O F THE ASSESSEE TO KEEP THE PENALTY PROCEEDINGS IN ABEYANCE. THE LD. CIT(A) , HOWEVER, CONFIRMED THE LEVY OF PENALTY BY PASSING A SHORT ORDER AS UND ER :- I HAVE CONSIDERED RIVAL SUBMISSIONS. IT IS SEEN TH AT THE APPELLANT FIRSTLY PREFERRED RECTIFICATION APPLICATION BEFORE CIT(A)-I II, SURAT AND ON THE OTHER HAND HE HAS ALSO PREFERRED AN APPEAL BEFORE T HE APPELLATE TRIBUNAL AGAINST THE ASSESSMENT. UNDER THE CIRCUMSTANCES, WH EN THE QUANTUM ADDITION WAS CONFIRMED BY THE CIT(A) AND THE MATTER IS SUBJUDICED BEFORE ITAT ALSO, I UPHOLD THE JUSTIFIABLE ACTION OF THE A O. 4. AFTER HEARING THE LD. DR AND CONSIDERING THE FAC TS OF THE CASE, I RESTORE THE MATTER TO THE FILE OF LD. CIT(A) TO DEC IDE THE ISSUE AFRESH THROUGH A SPEAKING ORDER ON THE MERITS AFTER GIVING REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 5. AS A RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED BUT FOR STATISTICAL PURPOSES. ORDER WAS PRONOUNCED IN OPEN COURT ON 8/7/2010 SD/- (D.C.AGRAWAL) ACCOUNTANT MEMBER AHMEDABAD, DATED : 8/7/2010 MAHATA/- 3 COPY OF THE ORDER FORWARDED TO :- 1. THE ASSESSEE. 2. THE REVENUE. 3. THE CIT(APPEALS)- 4. THE CIT CONCERNS. 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER, DEPUTY / ASSTT.REGISTRAR ITAT, AHMEDABAD