Ramsubbaiah chundu , Hyderabad V. Income Tax Officer, Ward-11(4) , Hyderabad

ITA 221/Hyd/2020

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 1650 (ITAT-HYDERABAD)
• Duration Of Justice: 11 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-02-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 21-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ALURU VENKATA RAO
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES SMC, HYDERABAD (THROUGH VIDEO CONFERENCE) BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER I.T.A. NO. 221/HYD/2020 ASSESSMENT YEAR: 2014-15 RAMASUBBAIAH CHUNDU, HYDERABAD [PAN: ADNPC3870A] VS INCOME TAX OFFICER, WARD-11(4), HYDERABAD (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI MOHD. AFZAL, AR FOR REVENUE : SHRI ALURU VENKATA RAO, DR DATE OF HEARING : 28-01-2021 DATE OF PRONOUNCEMENT : 16-02-2021 O R D E R THIS ASSESSEES APPEAL FOR AY.2014-15 ARISES FROM TH E CIT(A)-1, HYDERABADS ORDER DATED 20-11-2019 PASSED IN APPEAL NO.0040/CIT(A)-1/HYD/2017-18, IN PROCEEDINGS U/S. 271(1)(C) OF THE INCOME TAX ACT, 1961 [IN SHORT, THE A CT]. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE ASSESSEES ONLY CONTENTION ON MERITS IS THAT B OTH THE LOWER AUTHORITIES HAVE ERRED IN LAW AND ON FACTS IN L EVYING THE IMPUGNED 271(1)(C) PENALTY OF RS.12,41,407/- IN ISS UE. IT EMERGES FROM A PERUSAL OF THE ASSESSING OFFICERS PE NALTY ORDER DT.27-06-2017; AND MORE SO IN PARAS 4.1 TO 5 THEREOF, THAT HE HAS NOWHERE INDICATED AS TO WHETHER THE ASSESSEE HAS BE EN FOUND TO HAVE CONCEALED OR FURNISHED INACCURATE PART ICULARS OF ITA NO. 221/HYD/2020 :- 2 -: INCOME IN DISPUTE. I THEREFORE QUOTE HON'BLE JURISDIC TIONAL HIGH COURTS DECISION IN ITTA NO.684/2016, DT.13-07-2017 P CIT VS. SMT.BAISETTY REVATHI THAT SUCH A PENALTY IMPOSED IN A BSENCE OF THE LOWER AUTHORITIES FAILURE IN SPECIFYING THE CO RRESPONDING LIMB OF SECTION 271(1)(C) OF THE ACT IS NOT SUSTAINABLE IN THE EYES OF LAW. I ORDER ACCORDINGLY. 3. THIS ASSESSEES APPEAL IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH FEBRUARY, 2021 SD/- ( S.S.GODARA ) JUDICIAL MEMBER HYDERABAD, DATED: 16-02-2021 TNMM ITA NO. 221/HYD/2020 :- 3 -: COPY TO : 1.SHRI RAMASUBBAIAH CHUNDU, C/O.MOHD.AFZAL, ADVOCAT E, FLAT NO.402, SHERSON'S RESIDENCY, 11-5-465, CRIMINA L COURT ROAD, RED HILLS, HYDERABAD. 2.THE INCOME TAX OFFICER, WARD-11(4), HYDERABAD. 3.CIT(APPEALS)-1, HYDERABAD. 4.PR.CIT-5, HYDERABAD. 5.D.R. ITAT, HYDERABAD. 6.GUARD FILE.