Babulal Sharma, Jaipur V. ITO, Jaipur

ITA 270/JPR/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 5095 (ITAT-JAIPUR)
• Duration Of Justice: 2 year(s) 3 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-07-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 04-04-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MEENA CIT DHK

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH DQY HKKJR] U;KF;D LNL; ,OA JH FOE FLAG ;KNO] YS [KK LNL; DS LE{K BEFORE: SHRI KUL BHARAT, JM & SHRI VIKRAM SINGH YAD AV, AM VK;DJ VIHY LA-@ ITA NO. 270/JP/2014 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2006-07. S HRI BABULAL SHARMA. VILLAGE BAROJ, BAJYA KI DHANI, BOBAS ROAD, TEHSIL: MOJMABAD, JAIPUR. CUKE VS. THE INCOME TAX OFFICER, WARD 7(4), JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. BJTPS 0645 C VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI MANISH AGARWAL (C.A) JKTLO DH VKSJ LS@ REVENUE BY : SHRI M.S. MEENA (CIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 19.07.2016. ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 20/07/2016. VKNS'K@ ORDER PER SHRI KUL BHARAT, JM. THE APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD. CIT (APPEALS)- III, JAIPUR DATED 28.01.2014 PERTAINING TO ASSESSME NT YEAR 2006-07. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL :- 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE LD. CIT (A) HAS GROSSLY ERRED IN CONFIRMING PENALTY OF RS. 1,18,84, 986/- U/S 271(1)(C) OF THE INCOME TAX ACT, 1961, ARBITRARILY WITHOUT PROPE RLY APPRECIATING THE FACTS OF THE CASE. 1.2.THAT THE LD. CIT (A) HAS FURTHER ERRED IN SUSTA INING PENALTY ON DEPOSITS OF RS. 3,54,25,600/- IN BANK A/C WITHOUT APPRECIATING THE FACT THAT THE SAID DEPOSITS HAS BEEN MADE BY THE ASSESSEE OUT OF THE A MOUNT RECEIVED FROM SALE OF AGRICULTURE LAND AND LOANS AND ADVANCES TAK EN BY THE ASSESSEE. 1.3.THAT THE LD. CIT (A) HAS FURTHER ERRED IN IGNOR ING THE FACT THAT THE LD. AO HAS MADE NO INDEPENDENT ENQUIRIES IN PENALTY PROCEE DINGS BEFORE LEVY OF PENALTY U/S 271(1)(C) THOUGH PENALTY PROCEEDINGS AR E SEPARATE AND 2 ITA NO. 270/JP/2014 SHRI BABULAL SHARMA VS. ITO INDEPENDENT PROCEEDINGS, THUS THE AO HAS MISERABLY FAILED TO DISCHARGE THE ONUS LIES UPON HIM AND THE CONSEQUENT ORDER OF LEVY OF PENALTY WITHOUT BRINGING ON RECORD ANY EVIDENCE IS ILLEGAL AND DESE RVES TO BE HOLD BAD IN LAW. 2. AT THE OUTSET, THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT HONBLE COORDINATE BENCH OF THIS TRIBUNAL IN ITA NO. 410/JP /2012 HAS SET ASIDE THE ORDER IMPUGNED IN THE QUANTUM PROCEEDINGS. HE SUBMITTED THAT SINCE THE PENALTY ARISES OUT OF THE ORDER CHALLENGED BEFORE THE TRIBUNAL IN ITA NO. 410/JP/2012 AND THE ORDER HAS BEEN SET ASIDE BY THE TRIBUNAL WITH A DIR ECTION TO FRAME ASSESSMENT AFRESH, THE IMPUGNED PENALTY ORDER BE ALSO SET ASID E. THE LD. COUNSEL PLACED ON RECORD THE COPY OF THE ORDER PASSED BY THE COORDINA TE BENCH DATED 16 TH JUNE, 2016 PASSED IN ITA NO. 410/JP/2012 FOR THE A.Y. 2006-07. 2.1. THE LD. D/R HAS CONCEDED THE FACTUM OF SETTING ASIDE OF THE QUANTUM PROCEEDINGS. 2.2. AFTER CONSIDERING THE RIVAL CONTENTIONS AND PE RUSING THE MATERIAL AVAILABLE ON RECORD, THE IMPUGNED ORDER IS SET ASIDE AND THE ISS UE OF LEVY OF PENALTY IS RESTORED TO THE FILE OF THE AO TO DECIDE AFRESH ALONG WITH T HE QUANTUM ASSESSMENT. THE APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. 3. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 20/07/2016 . SD/- SD/- FOE FLAG ;KNO ( DQY HKKJR ) (VIKRAM SINGH YADAV) ( KUL BHARAT ) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER JAIPUR DATED:- 20/07/2016. DAS/ 3 ITA NO. 270/JP/2014 SHRI BABULAL SHARMA VS. ITO VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT- SHRI BABULAL SHARMA, JAIPUR. 2. THE RESPONDENT- THE INCOME TAX OFFICER, WARD 7(2 ), JAIPUR. 4. THE CIT, 5. THE DR, ITAT, JAIPUR 6. GUARD FILE (ITA NO. 270/JP/2014) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR