ITO Non Corporate Ward 3(4), CHENNAI V. TMS Hameeda Amina Beevi, CHENNAI

ITA 2441/CHNY/2017

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 5064 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-01-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 05-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 54B; 54

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI . . . , , ' # BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ ITA NO.2441/MDS/2017 & '& / ASSESSMENT YEAR : 2010-11 THE INCOME TAX OFFICER, NON CORPORATE WARD 3(4), CHENNAI - 600 034. V. SMT. TMS HAMEEDA AMINA BEEVI, 1-A, JHAVER PLAZA, SUITE NO.5, 4 TH FLOOR, NUNGAMBAKKAM HIGH ROAD, CHENNAI - 600 034. PAN : AHKPB 4259 K ()*/ APPELLANT) (+,)*/ RESPONDENT) )* - . / APPELLANT BY : SMT. RUBY GEORGE, CIT +,)* - . / RESPONDENT BY : NONE / - 0' / DATE OF HEARING : 28.12.2017 12' - 0' / DATE OF PRONOUNCEMENT : 05.01.2018 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER: THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST TH E ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-4, CHENNAI , DATED 14.07.2017, FOR ASSESSMENT YEAR 2010-11, DELETING T HE PENALTY LEVIED BY THE ASSESSING OFFICER UNDER SECTION 271(1 )(C) OF THE INCOME-TAX ACT, 1961 (IN SHORT 'THE ACT'). 2 I.T.A. NO.2441/MDS/17 2. NO ONE APPEARED FOR THE ASSESSEE INSPITE OF SER VICE OF NOTICE. THEREFORE, WE HEARD THE LD. DEPARTMENTAL R EPRESENTATIVE AND PROCEEDED TO DISPOSE OF THE APPEAL ON MERIT. 3. SMT. RUBY GEORGE, THE LD. DEPARTMENTAL REPRESENT ATIVE, SUBMITTED THAT THE ASSESSEE CLAIMED DEDUCTION UNDER SECTION 54 OF THE ACT. ACCORDING TO THE LD. D.R., DURING THE COU RSE OF SURVEY OPERATION, A STATEMENT WAS RECORDED UNDER SECTION 1 33A OF THE ACT AND IT WAS ADMITTED THAT THE LAND SOLD WAS AN URBAN LAND AND NO AGRICULTURAL ACTIVITY WAS CARRIED ON. SINCE THE AS SESSEE WILLFULLY CLAIMED DEDUCTION UNDER SECTION 54B OF THE ACT BEFO RE THE ASSESSING OFFICER, ACCORDING TO THE LD. D.R., THE A SSESSING OFFICER HAS RIGHTLY LEVIED PENALTY UNDER SECTION 271(1)(C) OF THE ACT. ON A QUERY FROM THE BENCH, WHEN THERE ARE 13 CO-OWNERS I N RESPECT OF THE VERY SAME PROPERTY, OUT OF WHICH, 12-CO-OWNERS CASE WAS ALLOWED BY THE TRIBUNAL, WHY THE ORDER OF THE CO-OR DINATE BENCH OF THIS TRIBUNAL COULD NOT BE FOLLOWED? THE LD. D.R. SUBMITTED THAT NO DOUBT, IN RESPECT OF 12 CO-OWNERS, THIS TRIBUNAL AL LOWED THE APPEAL BY DELETING THE PENALTY AND THE LD. D.R. FAIRLY SUB MITTED THAT SHE IS LEAVING THE MATTER TO THE DECISION OF THE TRIBUNAL. 3 I.T.A. NO.2441/MDS/17 4. WE HEARD THE SUBMISSION OF LD. DEPARTMENTAL REPRESENTATIVE AND PERUSED THE RELEVANT MATERIAL AV AILABLE ON RECORD. THE PENALTY WAS LEVIED BY THE ASSESSING OF FICER ON ALL THE CO-OWNERS. IN RESPECT OF OTHER CO-OWNERS, THIS TRI BUNAL BY AN ORDER DATED 04.05.2016, DELETED THE PENALTY LEVIED BY THE ASSESSING OFFICER. IN VIEW OF THE DECISION OF THIS TRIBUNAL IN RESPECT OF THE VERY SAME PROPERTY IN THE CASE OF OTHER CO-OWNERS, THE P ENALTY LEVIED BY THE ASSESSING OFFICER CANNOT STAND. ACCORDINGLY, T HE CIT(APPEALS) HAS RIGHTLY DELETED THE PENALTY BY FOLLOWING THE OR DER OF THE CO- ORDINATE BENCH OF THIS TRIBUNAL. THEREFORE, THIS T RIBUNAL DOES NOT FIND ANY REASON TO INTERFERE WITH THE ORDER OF THE LOWER AUTHORITY AND ACCORDINGLY THE SAME IS CONFIRMED. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE S TANDS DISMISSED. ORDER PRONOUNCED ON 5 TH JANUARY, 2018 AT CHENNAI. SD/- SD/- ( ) ( . . . ) (S. JAYARAMAN) (N.R.S. GANESAN) ' / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 4 /DATED, THE 5 TH JANUARY, 2018. KRI. 4 I.T.A. NO.2441/MDS/17 - +056 76'0 /COPY TO: 1. )* /APPELLANT 2. +,)* /RESPONDENT 3. / 80 () /CIT(A)-4, CHENNAI-34 4. PRINCIPAL CIT- 5, CHENNAI 5. 69 +0 /DR 6. :& ; /GF.