Zanu Dudh Utpadak Sahkari Mandli, Ahmedabad V. The ITO, Ward-3(2)(5), Ahmedabad

ITA 2194/AHD/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 9855 (ITAT-AHMEDABAD)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 03-10-2017
• Court: TRIBUNAL

Judgement Text

SMC- ITA NO. 2194/AHD/2017 ZANU DUDH UTPADAK SAHKARI MANDLI VS. ITO ASSESSMENT YEAR: 2013-2014 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD [ BEFORE SHRI PRAMOD KUMAR, VICE PRESIDENT ] ITA NO. 2194/AHD/2017 ASSESSMENT YEAR : 2013-14 ZANU DUDH UTPADAK SAHKARI MANDLI ...... ......APPELLANT VILLAGE ZANU, TALUKO DASKROI, DIST : AHMEDABAD - 382430 [PAN : AAAAZ 0420 C] VS. INCOME TAX OFFICER ..... .......................RESPONDENT WARD 3(2)(5), AHMEDABAD APPEARANCES BY: PF JAIN, FOR THE APPLICANT JAMES KURIAN, FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : 18.02.2019 DATE OF PRONOUNCING THE ORDER : 08.05.2019 O R D E R 1. BY WAY OF THIS APPEAL, THE ASSESSEE APPELLANT HA S CHALLENGED CORRECTNESS OF LEARNED CIT(A)S ORDER DATED 18.09.2017 UPHOLDING P ENALTY OF RS. 83,826/- IMPOSED ON THE ASSESSEE UNDER SECTION 271B, FOR NOT GETTING THE TAX AUDIT DONE, FOR THE ASSESSMENT YEAR 2013-14. 2. WHEN THE APPEAL WAS CALLED OUT FOR HEARING, LEAR NED COUNSEL FOR THE ASSESSEE POINTED OUT THAT THERE IS NO VARIATION IN THE RETUR NED INCOME AND THE ASSESSED INCOME AND THE BONAFIDES OF ASSESSEES EXPLANATION HAVE NOT BEEN DISPUTED. ON THESE FACTS, ACCORDING TO LEARNED COUNSEL, THE ISSU E IN APPEAL IS SQUARELY COVERED, IN FAVOUR OF THE ASSESSEE, BY A DIVISION BENCH DECISIO N IN THE CASE OF APOORVA AUTOMOBILES PVT. LTD. VS. ITO (ITA NO. 2868/AHD/200 2; ORDER DATED 25.05.2007). HE SUBMITS THAT THE EXPLANATION OF THE ASSESSEE, FOR N OT GETTING THE TAX AUDIT DONE SEPARATELY, MAY NOT BE PERFECTLY CORRECT BUT ITS BO NAFIDES ARE NOT EVEN QUESTIONED. 3. LEARNED DEPARTMENTAL REPRESENTATIVE RELIED UPON THE ORDERS OF THE AUTHORITIES BELOW. SMC- ITA NO. 2194/AHD/2017 ZANU DUDH UTPADAK SAHKARI MANDLI VS. ITO ASSESSMENT YEAR: 2013-2014 PAGE 2 OF 2 4. THE PLEA IS INDEED WELL TAKEN, AND THE ISSUE STA NDS COVERED BY THE AFORESAID DIVISION BENCH DECISION. RESPECTFULLY FOLLOWING TH E DIVISION BENCH DECISION IN THE CASE OF APOORVA AUTOMOBILES (SUPRA), WHICH IS BINDI NG JUDICIAL PRECEDENT FOR ME, I UPHOLD THE GRIEVANCE OF THE ASSESSEE AND DELETE THE IMPUGNED PENALTY OF RS. 83,826/-. THE ASSESSEE SETS THE RELIEF ACCORDINGLY . 5. IN THE RESULT, APPEAL IS ALLOWED. PRONOUNCED IN THE OPEN COURT TODAY ON THE 8 TH MAY, 2019. SD/- PRAMOD KUMAR (VICE PRES IDENT) AHMEDABAD, THE 8 TH DAY OF MAY, 2019 **BT COPIES TO: (1) THE APPELLANT (2) THE RESPOND ENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD 1. DATE OF DICTATION: ..... ORDER PREPARED AS PER 2 PAGES MANUSCRIPTS OF HONBLE VP 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE T HE DICTATING MEMBER: ...08.05.2019........ 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR . P.S./P.S.: .08.05.2019.. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE TH E DICTATING MEMBER FOR PRONOUNCEMENT: 08.05.2019 5. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK : .... 08.05.2019.. 6. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK : . 7. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER : . 8. DATE OF DESPATCH OF THE ORDER: ......