M/s Can & Able Events Pvt. Ltd., Chandigarh V. ACIT, CC-II, Chandigarh

ITA 25/CHANDI/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 4523 (ITAT-CHANDIGARH)
• Duration Of Justice: 4 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 30-05-2019
• Assessment Year: 2011-2012
• Appeal Filed On: 08-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR GULSHAN RAJ
• Section: 2

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, A, CHANDIGARH , . '.., # $, %& BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER ./ ITA NOS. 23 TO 26/CHD/2019 / ASSESSMENT YEARS : 2008-09, 2009-10, 2011-12 & 2012-13 M/S CAN & ABLE EVENTS PRIVATE LIMITED, 2175, 2 ND FLOOR, SECTOR 15-C, CHANDIGARH THE ACIT, CENTRAL CIRCLE-II, CHANDIGARH ./PAN NO: AABCC8309C / APPELLANT /RESPONDENT ! /ASSESSEE BY : SH. TEJ MOHAN SINGH, ADVOCATE ' ! / REVENUE BY : DR. GULSHAN RAJ, CIT DR # $ % /DATE OF HEARING : 30.05.2019 &'() % / DATE OF PRONOUNCEMENT : 31.05.2019 %'/ ORDER PER SANJAY GARG, JUDICIAL MEMBER: THE CAPTIONED APPEALS HAVE BEEN PREFERRED BY THE AS SESSEE AGAINST THE SEPARATE ORDERS DATED 31.10.2018 OF THE COMMISS IONER OF INCOME TAX(APPEALS)-3, GURGAON [HEREINAFTER REFERRED TO AS CIT(A)] RESPECTIVELY. ITA NOS. 23 TO 26/CHD/2019 - M/S CAN & ABLE EVENTS PVT. LTD, CHANDIGARH 2 2. THE BRIEF FACTS RELATING TO THE ISSUE ARE THAT T HE ASSESSING OFFICER NOTICED THAT THE ASSESSEE HAD NOT FILED / ATTACHED THE AUDIT REPORTS U/S 44AB OF THE INCOME-TAX ACT, 1961 (IN SHORT 'THE ACT ') ALONGWITH THE RETURNS OF INCOME. HE, THEREFORE, LEVIED THE IMPUG NED PENALTY U/S 44AB OF THE I.T. ACT. 3. BEFORE US, LD. COUNSEL FOR THE ASSESSEE, AT THE OUTSET, HAS INVITED OUR ATTENTION TO THE CENTRAL BOARD OF DIRECT TAXES CIRCULAR (CBDT) NO. 6/2018 DATED 18.7.2008, WHEREBY, THE CBDT HAS INSTR UCTED THAT NO DOCUMENTS SHOULD BE ATTACHED WITH THE INCOME TAX RE TURN FORMS WHICH ARE TO BE FILED ELECTRONICALLY. FURTHER, THE ASSES SEES HAVE BEEN ADVISED TO RETAIN ALL THE ANNEXURES RELATING TO THE COMPUTA TION OF INCOME INCLUDING AUDIT REPORTS AND OTHER DOCUMENTS AND TO PRODUCE THESE DOCUMENTS AS AND WHEN CALLED FOR BY THE ASSESSING O FFICER. THE LD. COUNSEL FOR THE ASSESSEE HAS FURTHER SUBMITTED THAT THE AUDIT REPORTS WERE DULY PRODUCED BEFORE THE ASSESSING OFFICER DUR ING THE ASSESSMENT PROCEEDINGS. THE ONLY GROUND FOR WHICH THE PENALTY HAS BEEN LEVIED IS THAT THE AUDIT REPORTS WERE NOT ATTACHED WITH THE R ETURNS OF INCOME. 4. IN VIEW OF THE AFORESAID CIRCULAR OF THE CBDT, T HE ASSESSEE WAS NOT SUPPOSED TO ATTACH THE AUDIT REPORTS WITH THE R ETURNS OF INCOME AS THE ASSESSMENT YEARS INVOLVED ARE ASSESSMENT YEARS 2008 -09 ONWARDS FOR WHICH CBDT CIRCULAR (SUPRA) IS APPLICABLE. ITA NOS. 23 TO 26/CHD/2019 - M/S CAN & ABLE EVENTS PVT. LTD, CHANDIGARH 3 IN VIEW OF THIS, WE DO NOT FIND ANY REASON FOR LEVY OF THE IMPUGNED PENALTY BY THE LOWER AUTHORITIES AND THE S AME IS ACCORDINGLY ORDERED TO BE DELETED. IN THE RESULT, THE APPEALS OF THE ASSESSEE ARE HERE BY ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 31.5.2019 SD/- SD/- ( ' . . , # $ / B.R.R. KUMAR) %& / ACCOUNTANT MEMBER ( / SANJAY GARG ) / JUDICIAL MEMBER DATED : 31/05/2019 .. /'+ ,- .- / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. # / / CIT 4. # / ( )/ THE CIT(A) 5. -01 2 , % 2 , 34516 / DR, ITAT, CHANDIGARH 6. 15 7$ / GUARD FILE '+ # / BY ORDER, 8 ' / ASSISTANT REGISTRAR