M/s. Fourlife Boutique, Anand V. The CIT-II, Baroda

ITA 2378/AHD/2005

• Counselvise Citation: [2009] 114 COUNSELVISE.COM (IT) 9012 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 10 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-09-2009
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 03-09-2009
• Assessment Year: 2002-2003
• Appeal Filed On: 11-11-2005
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M C
• Assessee Lawyers: M G PATEL
• Keywords: Set aside
• Section: 271(1)(c); 143(3); 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD AHMEDABAD C BENCH (BEFORE S/SHRI R.V.EASWAR, VICE-PRESIDENT AND P.K. BANSAL, ACCOUNTANT MEMBER) ITA NO.2378/AHD/2005 [ASSTT.YEAR : 2002-2003] M/S.FOURLIFE BOUTIQUE C.K.HOUSE, NR.GPO ANAND. VS. CIT-II, BARODA. ITA NO.2395/AHD/2008 [ASSTT.YEAR : 2002-2003] M/S.FOURLIFE BOUTIQUE J.P.ROAD, OPP: KAVITA SHOPPING CENTRE ANAND. VS. ITO, WARD-2 ANAND. ASSESSEE BY : SHRI M.G.PATEL REVENUE BY : SHRI M.C.PANDIT O R D E R PER R.V.EASWAR, VICE-PRESIDENT : THESE TWO APPEALS RELATE TO THE SAME ASSESSEE. ITA NO.2378/AHD/2005 IS AN APPEAL B Y THE ASSESSEE AGAINST THE ORDER PASSED BY THE CIT(A) UNDER SECTION 263 OF THE INCOME TAX ACT ON 14-9- 2005. AT THE TIME OF THE HEARING, IT WAS STATED BY THE LEARNED REPRESENTATIVE FOR THE ASSESSEE THAT HIS INSTRUCTIONS ARE TO WITHDRAW THE APPEAL. ACCORDINGLY, THE APPEAL IS DISMISSED AS WITHDRAWN. 2. ITA NO.2395/AHD/2008 IS AN APPEAL BY THE ASSESSE E CHALLENGING THE LEVY OF PENALTY OF RS.20,065/- IMPOSED UNDER SECTIO N 271(1)(C) OF THE ACT. THE PENALTY ARISES OUT OF THE ORIGINAL ASSESSMENT M ADE UNDER SECTION 143(3) ON 28-1-2005. IN THE ORIGINAL ASSESSMENT AN ADDITION OF RS.12,012/- WAS MADE TO THE GROSS PROFIT AND A DISALLOWANCE OF RS.44,200/- WAS MADE OUT OF THE ELECTRICITY EXPENSES. THE INCOME WAS THUS INCREASED BY RS.56,212/-. THE AO ALSO IMPOSED PENALTY OF RS.20,065/- FOR CONCEALMENT OF INCOME. THE SAME WAS PAGE - 2 M/S.FOURLIFE BOUTIQUE VS. CIT -2- CONFIRMED BY THE CIT(A). HOWEVER, SINCE THE CIT HA S SET ASIDE THE ENTIRE ASSESSMENT ORDER PASSED ON 28-1-2005, THE PENALTY H AS NO LEGS TO STAND. THE SAME IS ACCORDINGLY CANCELLED AND THE APPEAL OF THE ASSESSEE IS ALLOWED. 3. IN THE RESULT, ITA NO.2378/AHD/2005 IS DISMISSED AS WITHDRAWN AND ITA NO.2395/AHD/2008 IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT 18 TH OF SEPTEMBER, 2009. SD/- SD/- (P.K. BANSAL) ACCOUNTANT MEMBER (R.V.EASWAR) VICE-PRESIDENT PLACE : AHMEDABAD DATE : 18-09-2009 COPY OF THE ORDER FORWARDED TO: 1) : ASSESSEE 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR, ITAT. BY ORDER DR, ITAT, AHMEDABAD