Smt. Savitaben Arvindbhai Patel, Surat V. The Income tax Officer,Ward-1(2), Surat

ITA 2383/AHD/2014

• Counselvise Citation: [2018] 118 COUNSELVISE.COM (IT) 1967 (ITAT-SURAT)
• Duration Of Justice: 4 year(s) 1 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-10-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 15-06-2017
• Assessment Year: 2008-2009
• Appeal Filed On: 25-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SMITHA NAIR
• Assessee Lawyers: VIRESH RUDALAL
• Section: 271(1)(c)

Judgement Text

SAVITABEN ARVINDBHAI PATEL V. ITO 1(2)( SURAT /I.T.A. NO.2383/AHD/2014/A.Y. 08-09 PAGE 1 OF 2 INCOM TAX APPELLATE TRIBUNAL-SURAT-BENCH-SURAT BEFORE C .M. GARG, JM & O. P. MEENA, AM I.T.A. NO.2383/AHD/2014: ASSESSMENT YEAR: 2008-09 SMT. SAVITABEN ARVINDBHAI PATEL, 17, APASARA INDUSTRIAL SOCIETY, UDHNA MAGDHALA ROAD SURAT 395007 PAN: ABGPP 5099 M V. INCOME TAX OFFICER WARD 1(2) SURAT APPELLANT /RESPONDENT ASSESSEE BY SHRI VIRESH RUDALAL , CA REVENUE BY SMT. SMITHA NAIR, SR. D.R. DATE OF HEARING 15.10.2018 DATE OF PRONOUNCEMENT 15.10.2018 ORDER PER O. P. MEENA, AM 1. THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 07.07.2014 OF COMMISSIONER OF INCOME-TAX (APPEALS)-II, SURAT (IN SHORT CIT(A)) AND RELATES TO ASSESSMENT YEAR 2008-09 , IN CONFIRMING PENALTY OF RS.5,90,330 UNDER SECTION 271(1)(C) OF THE ACT. 2. AT THE OUTSET OF HEARING BEFORE US, THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ISSUE ON WHICH PENALTY WAS LEVIED HAS BEEN SET-ASIDE BY THE TRIBUNAL THE FILE OF AO FOR FRESH CONSIDERATION, VIDE ITA NO. 1896/AHD/2011 DATED 21.11.2014 FOR THE ASSESSMENT YEAR 2008- 09. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS. WE FIND THAT THE ISSUE OF UNEXPLAINED ADVANCE RECEIPTS OF RS. 17,60,000 ON ACCOUNT OF SALE OF AGRICULTURAL LAND ON WHICH PENALTY LEVIED STANDS TO SET ASIDE TO THE FILE OF SAVITABEN ARVINDBHAI PATEL V. ITO 1(2)( SURAT /I.T.A. NO.2383/AHD/2014/A.Y. 08-09 PAGE 2 OF 2 THE AO FOR FRESH DECISION BY THE ORDER OF TRIBUNAL (SUPRA). THUS, THE ISSUE ON WHICH PENALTY IS LEVIED IS NO LONGER SURVIVED; THEREFORE, PENALTY LEVIED IS NOT MAINTAINABLE AS OF NOW. ACCORDINGLY, WE DELETE THE PENALTY SO LEVIED SUBJECT TO CONDITION THAT THE AO IS FREE TO RE-INITIATE PENALTY PROCEEDINGS UNDER SECTION 271 (1) (C) OF THE ACT, ON FINALIZATION OF SET-ASIDE ASSESSMENT PROCEEDINGS, IF THE CIRCUMSTANCES SO WARRANT OR HE THINKS FIT. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE STANDS ALLOWED. 5. THE ORDER PRONOUNCED IN THE OPEN COURT ON 15.10.2018. SD/- SD/- ( . . /C.M. GARG) ( . . /O.P.MEENA) /JUDICIAL MEMBER /ACCOUNTANT MEMBER DATED: 15-10-2018. / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) THE CIT(A)4. / PR. CIT 5. , / D.R. (ITAT) 6. / GUARD FILE ITAT. BY ORDER / / TRUE COPY / / ASSISTANT REGISTRAR, SURAT