Shri Datta Dipenkar Dilipkumar, Ahmedabad V. The Income tax Officer,Ward-14(1), Ahmedabad

ITA 2776/AHD/2009

• Counselvise Citation: [2009] 115 COUNSELVISE.COM (IT) 1744 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-12-2009
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2005-2006
• Appeal Filed On: 09-10-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NEETA SHAH
• Assessee Lawyers: S N DIVETIA
• Keywords: Gift
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD AHMEDABAD B BENCH (BEFORE DR.O.K. NARAYANAN, VICE-PRESIDENT AND SHRI MAHAVIR SINGH, JUDICIAL MEMBER) ITA NO.2776/AHD/2009 [ASSTT.YEAR: 2005-2006] SHRI DATTA DIPANKAR DILIPKUMAR A/304, RATNADEEP TOWER, NR.C.P.NAGAR, GHATLODIA, AHMEDABAD. PAN : AFGPD 2107 J VS. ITO, WARD-14(1) AHMEDABAD. ASSESSEE BY : SHRI S.N.DIVETIA REVENUE BY : SMT. NEETA SHAH DATE OF ORDER RESERVED : 14-12-2009 O R D E R PER DR.O.K. NARAYANAN, VICE-PRESIDENT : THIS APPEAL IS FILED BY THE ASSESSEE. THE RELEVANT ASSESSMENT YEAR IS 2005-2006. THE APPEAL IS DIRECTED AGAINST THE ORDER OF THE CIT (A)-XXI, AHMEDABAD PASSED ON 10-8-2009 AND ARISES OUT OF PEN ALTY ORDER PASSED UNDER SECTION 271(1)(C) OF THE INCOME TAX AC T, 1961. 2. THE PENALTY AGITATED IN THIS APPEAL IS FOR AN AM OUNT OF RS.13,302/-. THE PENALTY HAS BEEN LEVIED BY THE AS SESSING AUTHORITY AT 100% OF THE TAX AMOUNT SOUGHT TO BE EVADED. THE EVASION WAS ALLEGED AGAINST CERTAIN AMOUNTS OF CASH GIFTS CLAIM ED BY THE ASSESSEE TO HAVE BEEN RECEIVED FROM HIS MOTHER. THE CASH GI FTS WAS ADDED AS PAGE - 2 ITA NO.2776/AHD/2009 -2- NOT GENUINE. EVEN THOUGH THE ADDITION CAN BE JUSTI FIED, WE DO NOT FIND THAT THIS IS A HARD CASE TO BE FURTHER PERPETU ATED BY PROCEEDINGS UNDER SECTION 271(1)(C) OF THE ACT. ACCORDINGLY, T HE PENALTY OF RS.13,002/- IS DELETED. 3. IN RESULT, THIS APPEAL FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED ON WEDNESDAY, THIS 16 TH DAY OF DECEMBER, 2009. SD/- SD/- (MAHAVIR SINGH) JUDICIAL MEMBER (DR.O.K. NARAYANAN) VICE-PRESIDENT PLACE : AHMEDABAD DATE : 16-12-2009 COPY OF THE ORDER FORWARDED TO: 1) : ASSESSEE 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR, ITAT. BY ORDER DR, ITAT, AHMEDABAD