The ACIT,(OSD)Circle-9, Ahmedabad V. M/s. Pushkar Construction Co., Ahmedabad

ITA 236/AHD/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 0625 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 7 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-08-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 30-08-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 23-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: P M MEHTA; GULAB M THAKOR

Judgement Text

ITA NO.236 /AHD/201 4 ASSESSMENT YEAR: 200 7 - 08 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR AM AND S S GODARA JM] ITA NO.236 /AHD/201 4 ASSESSMENT YEAR : 20 0 7 - 08 A.C.I.T. (OSD), CIRCLE 9, AHMEDABAD. . .... ..... .. ..... APPELLANT VS. PUSHKAR CONSTRUCTION C O., . . ........... RESPONDENT AMBICA NIWAS, NR. UMA SOCIETY, PALDI, AHMEDABAD 380 007. [A AIFP 1527 B ] APPEARANCES BY PRASOON KABRA FOR THE APPELLANT P .M. MEH T A & GULAB M THAKOR FOR THE RESPONDENT HEARING CONCLUDED ON: 30 /0 8 / 20 16 ORDER PRONOUNCED ON : 31 /08/ 20 16 O R D E R PER PRAMOD KUMAR , AM: BY WAY OF THIS APPEAL , THE ASSESSING O F FICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 15 TH NOVEMBER, 2013 , PASSED BY THE LD . CIT(A), FOR THE ASSESSMENT YEAR 2007 - 08 , ON THE FOLLOWING GROUNDS : - 1 ( A) THE LD. COMMISSIONER OF INCOME T AX ( A PPEALS) - XV, AHMEDABAD HAS ERRED IN LAW AND ON FACTS IN DELETING THE PENALTY OF RS.25,01,910/ - LEVIED UNDER SECTION 271(1)( C ) OF THE ACT. 1(B) THE LD . COMMISSIONER OF INCOME T A X ( A PPEALS) - XV, AHMEDABAD HAS ERRED IN LAW AND ON FACTS TO IGNORE EXPLANATION 1 OF PROVISION OF SECTION 271(1)(C) OF THE ACT, WHICH LAYS DOWN THAT WHERE ASSESSEE S EXPLANATION IN RESPECT OF ANY MATTER WAS NOT FOUND SATISFACTORY , PROVISION OF SECTION 271(1)(C) OF THE ACT, WERE AT TRACTED FOR FURNISHING INACCURATE PARTICULARS OF INCOME. ITA NO.236 /AHD/201 4 ASSESSMENT YEAR: 200 7 - 08 PAGE 2 OF 2 2) ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - XV , AHMEDABAD OUGHT TO HAVE UPHELD THE ORDER OF THE ASSESSING OFFICER. 3) IT IS THEREFORE, PRAYED TH AT THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - XV, AHMEDABAD MAY BE SET - ASIDE AND THAT OF THE ASSESSING OFFICER BE RESTORED. 2. WHEN TH IS APPEAL W AS CALLED OUT FOR HEARING, L EARNED COUN SEL FOR THE ASSESSEE INVITED OUR ATTENTION TO THE ORDER DATED 21.10.2015 WHEREBY RELATED QUANTUM ADDITION STAND DELETED. IN T HIS VIEW OF THE MATTER , ACCORDING TO THE COUNSEL, PENALTY MUST STAND DELETED . 3. L EARNED DEPARTMENTAL REPRESENTATIVE DID NOT HAVE MUCH TO SAY BUT HE PLACED HIS RELIANCE ON THE ORDERS OF THE AUTHORITIES BELOW. 4. IN VIEW OF THE FACT THAT THE RELATED QUANTUM ADDITION ITSELF STAND DELETED, THE VERY BASIS OF THE IMPUGNED PENALTY CEA S E S TO HAVE ANY LEGALLY SUSTAINABLE BASIS. A CCORDINGLY , PENALT Y IMPOSED MUST BE DELETED TOO . WE, THEREFORE, DE LETE THE IMPUGNED PENALTY. 5 . IN THE RESULT, APPEAL FILED BY THE ASSESSING OFFICER IS DISMISSED. PRONOUNCED IN THE OPEN COUR T TODAY ON THE 31 ST DAY OF AUGUST, 2016. SD/ - SD/ - S S GODARA PRAMOD KUMAR (JUDICIAL M EMBER) (ACCOUNTANT MEMBER) DATED: 31 ST DAY OF AUGUST ,2016 . COPIES TO : (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD