Shri Dhirajlal Maganlal Shah, Surat V. The Income tax Officer,Ward-5(1), Surat

ITA 2522/AHD/2006

• Counselvise Citation: [2009] 115 COUNSELVISE.COM (IT) 0282 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 10 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-10-2009
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 22-04-2009
• Assessment Year: 2001-2002
• Appeal Filed On: 24-11-2006
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Difference of opinion
• Section: 271(1)(c)

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL,D-BENCH, AHM EDABAD BEFORE : SHRI T.K.SHARMA, JUDICIAL MEMBER, AND SHRI A.N.PAHUJA, ACCOUNTANT MEMBER. ITA NO. 2522/AHD/2006 (ASSESSMENT YEAR 2001-02) SHRI DHIRAJLAL MAGANLAL SHAH, PROPL.SHEETAL CONSTRUCTION, 311, SHREE APARTMENT, NEAR MAKALI POOL, SURAT PAN ACMPS 5832 L VERSUS THE INCOME-TAX OFFICER, WARD 5(1), SURAT. (APPELLANT) (RESPONDENT) ORDER UNDER SECTION 255(4) OF THE I.T. ACT, 1961 PER T.K. SHARMA, JUDICIAL MEMBER :- IN THIS CASE THERE WAS A DIFFERENCE OF OPINION BETWEEN THE MEMBERS CONSTITUTING THE DIVISION BENCH AND ACC ORDINGLY FOLLOWING QUESTION WAS REFERRED TO THE HONBLE PRESIDENT, INCOME TAX APPELLATE TRIBUNA L UNDER SECTION 255(4) OF THE INCOME TAX ACT, 1961 : WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE CASE , PENALTY U/S.271(1)(C) OF THE INCOME-TAX ACT,1961 IS NOT LEV IABLE ? THE HON'BLE PRESIDENT, INCOME TAX APPELLATE TRIBUN AL (AS THIRD MEMBER) HAS ANSWERED THE AFORESAID QUESTION IN NEGATIVE AND HELD THAT PE NALTY UNDER SECTION 271(1)(C) IS NOT LEVIABLE. 2. IN THE LIGHT OF THE MAJORITY VIEW, THE PENALTY O F RS.1,50,334/- LEVIED BY THE A.O. UNDER SECTION 271(1)(C) IS ACCORDINGLY CANCELLED. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. ORDER PRONOUNCED IN THE COURT ON 16-10-2009. SD/- S D/- (A.N.PAHUJA) (T.K. SHARMA) ACCOUNTANT MEMBER. JUDICIAL MEMBER DATED : 16 -10-2009 2 COPY OF THE ORDER IS FORWARDED TO :- (1) SHRI DHIRAJLAL MAGANLAL SHAH, PROP. SHEETAL CONSTRU CTION, 311, SHREE APARTMENT, NEAR MAKALI POOL, SURAT, (2) ITO, WARD-5(1), SURAT, (3) C.I.T.(A)- SURAT, (4) CIT- , SURAT, (5) D.R., ITAT, AHMEDABAD. TRUE COPY BY ORDER DEPUTY REGISTRAR, ITAT, AHMEDABAD LAHA/SR.P.S.