SMT FATEMA SHOEB HUSSAIN,15, ' FATEMA VILLA' BUTY LAYOUT RAJNAGAR ,KATOL RAOD ,NAGPUR , NAGPUR V. ITO, WARD -2(4) ,NAGPUR, NAGPUR

ITA 218/NAG/2017

• Counselvise Citation: [2024] 128 COUNSELVISE.COM (IT) 9905 (ITAT-NAGPUR)
• Duration Of Justice: 7 year(s) 2 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-09-2024
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 12-08-2024
• Assessment Year: 2006-2007
• Appeal Filed On: 18-06-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ABHAY Y. MARATHE
• Assessee Lawyers: RACHIT THAKAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI K.M. ROY, ACCOUNTANT, MEMBER ITA no.216/Nag./2017 (Assessment Year : 2004–05) ITA no.217/Nag./2017 (Assessment Year : 2005–06) ITA no.218/Nag./2017 (Assessment Year : 2006–07) ITA no.219/Nag./2017 (Assessment Year : 2008–09) ITA no.220/Nag./2017 (Assessment Year : 2009–10) Smt. Fatema Shoeb Hussain 15, Fatema Villa, Buty Layout Rajnagar, Katol Road, Nagpur 440 013 PAN – AAHPH0512K ................ Appellant v/s Income Tax Officer Ward–2(4), Nagpur ................ Respondent Assessee by : Shri Rachit Thakar Revenue by : Shri Abhay Y. Marathe Date of Hearing – 13/08/2024 Date of Order – 02/09/2024 O R D E R PER BENCH The present appeal has been filed by the assessee challenging the impugned orders of even date 08/03/20217, passed by the learned Commissioner of Income Tax (Appeals)–2, Nagpur, [“learned CIT(A)”], for the assessment year 2004–05, 2005–06, 2006–07, 2008–09 and 2009–10. Smt. Fatema Shoeb Hussain A.Y. 2004–05, 2005–06, 2006–07 2008–09 AND 2009–10 Page | 2 2. Since all these appeals filed by the assessee pertain to the same assessee involving common issues arising out of identical set of facts and circumstances, therefore, as a matter of convenience, these appeals were heard together and are being disposed of by way of this consolidated order. 3. The issue arose in all these appeals relate to imposition of penalty of ` 25,000, in each assessment year under consideration under section 271A of the Income Tax Act, 1961 ("the Act") which has been upheld by the learned CIT(A) against which the assessee is in appeal. 4. During the course of hearing, the learned Authorised Representative submitted that there was no requirement of maintaining books of account since she was not the defacto owner of Maria Construction. We had held otherwise in appeal being ITA no.64 to 69/Nag./2015, and have clearly concluded that the assessee is the rightful owner. Hence, she cannot escape from the liability from maintaining books of account under section 44A of the Act. The assessee also could not shift the liability for maintaining books of M.B. Travels, where she accepted to be the sole Proprietor which is an undisputed fact. Thus, imposition of penalty of ` 25,000,j in each of the years is justified. Accordingly, we decline to interfere in the impugned order passed by the learned CIT(A) by dismissing the grounds raised by the assessee for the all the years under assessment. Smt. Fatema Shoeb Hussain A.Y. 2004–05, 2005–06, 2006–07 2008–09 AND 2009–10 Page | 3 5. In the result, appeals filed by the assessee for the A.Y. 2004–05, 2005– 06, 2006–07, 2008–09 and 2009–10, are dismissed. Order pronounced in the open Court on 02/09/2024 Sd/- V. DURGA RAO JUDICIAL MEMBER Sd/- K.M. ROY ACCOUNTANT MEMBER NAGPUR, DATED: 02/09/2024 Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The PCIT / CIT (Judicial); (4) The DR, ITAT, Nagpur; and (5) Guard file. True Copy By Order Pradeep J. Chowdhury Sr. Private Secretary Sr. Private Secretary ITAT, Nagpur