Shri Sureshkumar Sharma, Surat V. The Income tax Officer,Ward-6(4), Surat

ITA 2355/AHD/2013

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 9755 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 2 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-12-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 06-12-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 30-09-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G C DAXINI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD BEFORE SHRI R.P. TOLANI, JUDICIAL MEMBER ./ ITA NO. 2355/AHD/2013 / ASSESSMENT YEAR : 2006-2007 SURESHKUMAR SHARMA, PROP. SHREE SHYAM TRAILOR SERVICE 403, JALARAM COMPLEX, NEAR RELIANCE COLONY, ICHCHHAPORE, SURAT PAN : AKVPS 9919 E VS INCOME TAX OFFICER, WARD 6(4), SURAT / (APPELLANT) / (RESPONDENT) ASSESSEE BY : NONE (WRITTEN SUBMISSION) REVENUE BY : G.C. DAXINI, SR. DR. / DATE OF HEARING : 06/12/2016 / DATE OF PRONOUNCEMENT: 06/12/2016 / O R D E R THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS)-I, SUR AT DATED 07.08.2013 FOR ASSESSMENT YEAR 2006-07. 2. THE SOLE GROUND RAISED BY THE ASSESSEE READS AS UNDER: ON THE FACTS AND CIRCUMSTANCES OF THE CASE AS WELL AS LAW ON THE SUBJECT, THE LEARNED ASSESSING OFFICER HAS ERRED IN LEVYING PENA LTY OF RS.4,20,700/- U/S 271(1)(C) OF THE I.T. ACT, 1961. 3. LD. COUNSEL FOR THE ASSESSEE CONTENDS THAT THE Q UANTUM ADDITION WAS CHALLENGED BY THE ASSESSEE IN APPEAL BEFORE THE ITA T AND THE ITAT VIDE ITS ORDER DATED 30.09.2016 IN ITA NO.965/AHD/2011 SET A SIDE THE SAME BY FOLLOWING OBSERVATIONS:- 2. WHEN THIS APPEAL WAS CALLED OUT FOR HEARING, I T WAS NOTICED THAT THE IMPUGNED ORDER PASSED BY THE LEARNED CIT(A) IS EX-P ARTE. LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT IT WAS AN INADVERTE NT MISTAKE ON THE PART OF THE ASSESSEE AND PRAYED THAT IN THE EVENT OF ASSESS EE BEING GIVEN AN OPPORTUNITY, THE ASSESSEE WILL DULY APPEAR BEFORE T HE LEARNED CIT(A) AND FULLY CO-OPERATE IN EXPEDITIOUS DISPOSAL OF APPEAL ON MERITS. SMC-ITA NO. 2355/AHD/2013 SURESHKUMAR SHARMA VS. ITO AY : 2006-07 2 3. LEARNED DEPARTMENTAL REPRESENTATIVE FAIRLY SUBMI TTED THAT HE HAS NO OBJECTION TO THE MATTER BEING RESTORED TO THE FILE OF THE LEARNED CIT(A) FOR ADJUDICATION ON MERITS. 4. IN VIEW OF THE ABOVE DISCUSSIONS, AS ALSO BEARIN G IN MIND ENTIRETY OF THE CASE, I DEEM IT FIT AND PROPER TO REMIT THE MATTER TO THE FILE OF THE LEARNED CIT(A) FOR FRESH ADJUDICATION, ON MERITS, AFTER GIV ING YET ANOTHER OPPORTUNITY OF HEARING. ORDERED ACCORDINGLY. 3.1 IT IS FURTHER CONTENDED THAT IN THE CONSEQUENT PROCEEDINGS, THE LD. AO HAS INITIATED SEPARATE PROCEEDINGS U/S 271(1)(C) OF THE ACT. SINCE THE IMPUGNED ASSESSMENT STANDS SET ASIDE, THE PENALTY I N QUESTION BECOMES INFRUCTUOUS. 4. THE LD. DEPARTMENTAL REPRESENTATIVE IS HEARD. 5. I HAVE HEARD THE RIVAL CONTENTIONS, PERUSED THE MATERIAL AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITI ES BELOW. SINCE THE ASSESSMENT IN QUESTION FROM WHICH THE IMPUGNED PENA LTY AROSE HAS BEEN SET ASIDE, THE PENALTY IN QUESTION BECOMES INFRUCTUOUS. IN VIEW THEREOF, THE PENALTY LEVIED U/S 271(1)(C) STANDS DELETED. 6. IN THE RESULT, THE ASSESSEES APPEAL IS ALLOWED. ORDER PRONOUNCED IN THE COURT ON 6 TH DECEMBER, 2016 AT AHMEDABAD. SD/- R.P. TOLANI (JUDICIAL MEMBER) AHMEDABAD; DATED 06/12/2016 *BIJU T., SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A) 5. , , / DR, ITAT, AHMEDABAD 6. / GUARD FILE . / BY ORDER, TRUE COPY / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD