Shri Rasik V. Kotak,HUF, Baroda V. The ACIT.,Circle-3, Baroda

ITA 2461/AHD/2011

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 89774 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 10 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-07-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 23-07-2015
• Assessment Year: 2004-2005
• Appeal Filed On: 30-09-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DINESH SINGH
• Keywords: Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH AHMEDABAD BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER AND SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER ITA NO. 2461/AHD/2011 ASST. YEAR 2004-05 SHRI RASIK VRAJLAL KOTAK (HUF), 42, SAINIKPURI, NEW SAMA ROAD, BARODA. APPELLANT VS. ASSTT. COMMISSIONER OF INCOME-TAX, CIRCLE- 3, BARODA. RESPONDENT PAN :AABHR 9622Q APPELLANT BY : NONE RESPONDENT BY : SHRI DINESH SINGH, SR.DR DATE OF HEARING : 23.7.2015 DATE OF PRONOUNCEMENT : 30/07/2015 O R D E R PER SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER. THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF CIT(A) DATED 26.7.2011 FOR ASST. YEAR 2004-05. FOLL OWING GROUNDS HAVE BEEN RAISED BY THE ASSESSEE IN THIS AP PEAL:- ITA NO.2461/AHD/2015 ASST. YEAR 2004-05 2 1. THE CIT(A) ERRED IN UPHOLDING THE PENALTY OF RS.1,2 0,000/- UNDER SECTION 271(1)(C) OF THE INCOME-TAX ACT, 1961 . 2. THE CIT(A) FURTHER ERRED IN NOT APPRECIATING THE FA CTS AND CIRCUMSTANCES AS WELL AS LEGAL SUBMISSIONS MADE BY THE ASSESSEE AND IN THE PROCESS PENALIZED THE ASSESSEE TO THE EXTENT OF RS.1,20,000/- UNDER SECTION 271(1)(C). 3. THE CIT(A) COMPLETELY OVERLOOKED THE EXTENSIVE EVID ENCE PRODUCED DURING THE ASSESSMENT PROCEEDINGS AS WELL AS BEFORE HIM AT THE TIME OF HEARING AND THEREFORE, ER RED IN UPHOLDING THE PENALTY UNDER SECTION 271(1)(C). THE APPELLANT RESERVES THE RIGHT TO ADD, AMEND, ALT ER OR MODIFY ANY OF THE GROUNDS STATED HEREINABOVE EITHER BEFORE OR AT THE TIME OF HEARING. 2. NOTICE OF HEARING WAS SENT TO THE ASSESSEE BY RE GISTERED POST WITH ACKNOWLEDGEMENT DUE ON 23.6.2015 FIXING THE CA SE FOR HEARING ON 23.7.2015. NOTICE WAS SERVED ON THE ASS ESSEE ON AS EVIDENCED BY THE ACKNOWLEDGEMENT CARD OF THE POST O FFICE PLACED ON RECORD. WHEN THE CASE WAS CALLED FOR HEARING NO NE APPEARED ON BEHALF OF THE ASSESSEE AND NEITHER ANY ADJOURNMENT PETITION WAS FILED. THIS SHOWS THAT THE ASSESSEE IS NOT SERIOUS IN PURSUING WITH THIS APPEAL, AND THEREFORE, BY FOLLOWING THE DECISI ON OF THE HONBLE DELHI HIGH COURT IN CIT VS. MULTIPLAN INDIA PVT. LT D., 38 ITD 320 (DELHI), WE DISMISS THIS APPEAL OF THE ASSESSEE IN LIMINE . ITA NO.2461/AHD/2015 ASST. YEAR 2004-05 3 3. THE ASSESSEE MAY, IF SO ADVISED, FILE AN APPLICA TION BEFORE THIS TRIBUNAL FOR RESTORATION OF ITS APPEAL AND HEA RING ON MERITS BY SHOWING REASONABLE CAUSE FOR NOT APPEARING BEFORE T HE TRIBUNAL ON THE DATE OF HEARING. THE BENCH, IF SO SATISFIED, M AY RECALL ITS ORDER AND RESTORE THE APPEAL TO ITS ORIGINAL NUMBER FOR H EARING ON MERITS. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED IN LIMINE . PRONOUNCED IN THE OPEN COURT ON THIS THE 30 TH DAY OF JULY, 2015 SD/- SD/- (ANIL CHATURVEDI) (SHAIL ENDRA KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED :30/7/2015 MAHATA/- COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) CONCERNED 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE BY ORDER DY.REGISTRAR,ITAT, AHMEDABAD ITA NO.2461/AHD/2015 ASST. YEAR 2004-05 4 1. DATE OF DICTATION: 28/7/2015 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE T HE DICTATING MEMBER: 29/7/2015 OTHER MEMBER: 3. DATE ON WHICH APPROVED DRAFT COMES TO THE SR. P. S./P.S.: 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE TH E DICTATING MEMBER FOR PRONOUNCEMENT: __________ 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE S R. P.S./P.S.: 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK: 30.7.2015 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK: 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER: 9. DATE OF DESPATCH OF THE ORDER: