Om Construction Co., V. ACIT,

ITA 241/RAN/2014

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 0387 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 4 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-11-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2005-2006
• Appeal Filed On: 16-06-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A RAKSHIT
• Assessee Lawyers: V K JALAN FCS
• Section: 142(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI CIRCUIT BENCH, RANCHI BEFORE SHRI N.S. SAINI, HONBLE ACCOUNTANT MEMBER AND SHRI GEORGE MATHAN, HONBLE JUDICIAL MEMBER ITA NOS. 236 TO 242/RAN/2014 (ASST. YEARS : 2000-01 TO 2006-07) M/S. OM CONSTRUCTION COMPANY, CHURCH ROAD, RANCHI. VS. ACIT, CENTRAL CIRCLE-III, RANCHI. PAN NO. AAAFO 8803 H (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI V.K. JALAN FCS. DEPARTMENT BY : SHRI A. RAKSHIT - DR DATE OF HEARING : 04/11/2015. DATE OF PRONOUNCEMENT : 04/11/2015. O R D E R PER N.S. SAINI, ACCOUNTANT MEMBER THESE ARE THE APPEALS FILED BY THE ASSESSEE AGAINS T THE CONSOLIDATED ORDER OF COMMISSIONER OF INCOME TAX (A PPEALS), RANCHI, DATED 30/01/2013. 2. THE COMMON GROUND OF APPEAL IN ALL THESE APPEALS IS THAT THE COMMISSIONER OF INCOME TAX (APPEALS) ERRED IN CONFI RMING THE LEVY OF PENALTY UNDER SECTION 271A OF THE ACT FOR NON-MAINT ENANCE OF BOOKS OF ACCOUNTS. 3 . WE HAVE HEARD RIVAL SUBMISSIONS AND PERUSED THE O RDERS OF THE LOWER AUTHORITIES AND THE MATERIALS AVAILABLE ON RE CORD. IN THE INSTANT CASE, THE ASSESSING OFFICER ISSUED NOTICES UNDER SE CTION 142(1) OF THE ACT ASKING TO SUBMIT THE RETURNS, BOOKS OF ACCOUNTS AND ALSO VARIOUS DETAILS, BUT THE ASSESSEE DID NOT COMPLY WITH THEM. THE ASSESSING OFFICER INITIATED THE PENALTY PROCEEDINGS UNDER SEC TION 271A FOR NON- 2 ITA NOS. 236-242/RAN/2014 COMPLIANCE OF THE NOTICES. THE ASSESSING OFFICER L EVIED PENALTY @ RS.25,000/- IN EACH YEAR FOR NON-MAINTENANCE OF BOO KS OF ACCOUNTS UNDER SECTION 44AA VIDE HIS ORDERS. 4. ON APPEAL, COMMISSIONER OF INCOME TAX (APPEALS) OB SERVED THAT THE ASSESSING OFFICER HAD INITIATED PENALTY PROCEED INGS UNDER SECTION 271A OF THE ACT FOR NON-MAINTENANCE OF REGULAR BOOK S OF ACCOUNTS AND THE ASSESSEE DID NOT SUBMIT ANY SATISFACTORY EXPLAN ATION FOR NON- COMPLIANCE. BEFORE HIM ALSO, THE ASSESSEE COULD NO T SUBMIT ANY SATISFACTORY EXPLANATION FOR NON-COMPLIANCE OF NOTI CES. HE, THEREFORE, CONFIRMED THE ACTION OF THE ASSESSING OFFICER IN AL L THE YEARS UNDER CONSIDERATION. 5. AUTHORIZED REPRESENTATIVE OF THE ASSESSEE REITERAT ED THE SUBMISSIONS MADE BEFORE THE LOWER AUTHORITIES. 6 . DEPARTMENTAL REPRESENTATIVE SUPPORTED THE ORDERS OF THE LOWER AUTHORITIES. 7 . WE FIND THAT BEFORE US ALSO, THE AUTHORIZED REPRE SENTATIVE OF THE ASSESSEE COULD NOT BRING ANY MATERIAL ON RECORD TO SHOW THAT IT WAS MAINTAINED THE MANDATORILY REQUIRED BOOKS OF ACCOUN TS UNDER SECTION 44AA OF THE ACT. IN ABSENCE OF THE SAME, WE DO NOT FIND ANY GOOD AND JUSTIFIABLE REASON TO INTERFERE WITH THE ORDER OF T HE COMMISSIONER OF INCOME TAX (APPEALS) WHICH IS CONFIRMED AND THE GRO UND OF APPEAL OF THE ASSESSEE IN ALL THE YEARS UNDER CONSIDERATION I S DISMISSED. 8 . IN THE RESULT, ALL THE APPEALS OF THE ASSESSEE AR E DISMISSED. ORDER PRONOUNCED IN THE COURT AT THE CLOSE OF THE H EARING ON WEDNESDAY, THE 4 TH DAY OF NOVEMBER, 2015 AT RANCHI. SD/- SD/- (GEORGE MATHAN) (N.S.SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 04 TH NOVEMBER, 2015. 3 ITA NOS. 236-242/RAN/2014 VR/- COPY TO: 1. THE ASSESSEE. 2. THE REVENUE. 3. THE CIT 4. THE CIT(A) 5. THE D.R. 6. GUARD FILE. BY ORDER ASSISTANT REGISTRAR I.T.A.T., RANCHI 4 ITA NOS. 236-242/RAN/2014 DATE INITIAL ORIGINAL DICTATION PAD & DRAFT ARE ENCLOSED IN THE FILE 1. DRAFT DICTATED ON 04/11/2015 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 05/11/2015 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 05/11/2015 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 05/11/2015 JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS 05/11/2015 SR.PS 6. DATE OF PRONOUNCEMENT 04/11/2015 SR.PS 7. FILE SENT TO THE BENCH CLERK 05/11/2015 SR.PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER