Anand Jesudas, Coimbatore V. ACIT, Coimbatore

ITA 3174/CHNY/2016

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 7853 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-01-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 03-01-2017
• Assessment Year: 2011-2012
• Appeal Filed On: 17-11-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: R. DURAI PANDIAN
• Keywords: Set aside
• Section: 32; 147; 131; 68; 246; 69; 145; 27; 148; 54; 37; 6; 56; 263; 63; 132; 12; 28; 271(1)(c); 144; 10; 90; 154; 2; 11; 15; 271(1)(b); 139; 92

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, CHENNAI . . . , . . , BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI D.S. SUNDER SINGH, ACCOUNTANT MEMBER ./ ITA NO. 3174/MDS/2016 / ASSESSMENT YEAR : 2011-12 SHRI ANAND JESUDAS, NO.109/1, MAHATMA GANDHI NAGAR, NANDA NAGAR, SINGANALLUR, COIMBATORE 641 005. PAN : AISPA8126B V. THE ASST. COMMISSIONER OF INCOME TAX, SALARY CIRCLE-1, COIMBATORE. ( /APPELLANT) ( !' /RESPONDENT) # /APPELLANT BY : SHRI N. VIJAYKUMAR, CA !' # /RESPONDENT BY : SHRI R. DURAI PANDIAN, JCIT # /DATE OF HEARING : 03.01.2017 # /DATE OF PRONOUNCEMENT : 31.01.2017 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER : THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) 1, COIMB ATORE DATED 23.03.2016 AND PERTAINS TO THE ASSESSMENT YEAR 2011 -12. 2 I.T.A. NO. 3174/MDS/2016 2. SHRI N. VIJAYKUMAR, THE LD. REPRESENTATIVE FOR T HE ASSESSEE SUBMITTED THAT THE ASSESSING OFFICER MADE ADDITION OF 42,60,000/- BEING THE DEPOSIT MADE IN HDFC BANK. ACCORDING TO THE LD. REPRESENTATIVE, THE ASSESSING OFFICER MADE ADDITION ONLY ON THE GROUND THAT THE DEPOSIT IN THE BANK ACCOUNT WERE NO T REFLECTED IN THE SALARY STATEMENT OF THE ASSESSEE. THE APPEAL OF TH E ASSESSEE AGAINST THE QUANTUM ADDITION IS NOW PENDING BEFORE THE COMMISSIONER OF INCOME TAX (APPEALS). THEREFORE, T HE LD. REPRESENTATIVE SUBMITTED THAT THIS MATTER MAY BE RE MITTED BACK TO THE FILE OF THE CIT (APPEALS) FOR RECONSIDERATION. 3. ON THE CONTRARY, SHRI R. DURAI PANDIAN, THE LD. DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT WHEN THE QUANTUM ADDI TION MADE BY THE ASSESSING OFFICER CAME BEFORE THIS TRIBUNAL IN ITA NO. 1041//MDS/2016, THIS TRIBUNAL BY AN ORDER DATED 07. 10.2016 REMITTED BACK THE MATTER TO THE FILE OF THE CIT (AP PEALS) FOR RECONSIDERATION. SINCE, THE QUANTUM APPEAL IS PEND ING BEFORE CIT (APPEALS), THE LD. D.R., SUBMITTED THAT THE PENALTY ALSO MAY BE REMITTED BACK TO THE FILE OF THE CIT (APPEALS) FOR RECONSIDERATION. 3 I.T.A. NO. 3174/MDS/2016 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS ON EITH ER SIDE AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WHEN TH E QUANTUM OF ADDITION IS CHALLENGED BEFORE THE CIT (APPEALS), TH E CIT (APPEALS) REFUSED TO CONDONE THE DELAY OF 139 DAYS IN FILING THE APPEAL. IN THE APPEAL BEFORE THIS TRIBUNAL, IN FACT CONDONED THE D ELAY OF 139 DAYS BEFORE THE CIT (APPEALS) AND RESTORED THE APPEAL ON THE FILE OF THE CIT (APPEALS) AND THE FILE IS PENDING BEFORE CIT (A PPEALS) FOR CONSIDERATION ON MERIT. THEREFORE PENALTY LEVIED B Y THE ASSESSING OFFICER UNDER SECTION 271(1)(C) OF THE INCOME TAX A CT,1961 (IN SHORT THE ACT) WAS ALSO TO BE RECONSIDERED BY THE CIT ( APPEALS). ONE OF THE REASONS FOR CONFIRMATION OF PENALTY BY THE CIT (APPEALS) IS THAT THE APPEAL FILED BY THE ASSESSEE WAS DISMISSED DUE TO DELAY IN FILING THE APPEAL. SINCE THAT ORDER WAS SET ASIDE BY THIS TRIBUNAL AND THE ISSUE WAS REMITTED BACK TO THE CIT (APPEALS), THIS TRIBUNAL IS OF THE CONSIDERED OPINION THAT PENALTY APPEAL IS ALSO TO B E RECONSIDERED. ACCORDINGLY THE ORDERS OF THE LOWER AUTHORITIES ARE SET ASIDE AND THE ISSUE OF PENALTY UNDER SECTION 271(1)(C) OF THE ACT , IS REMITTED BACK TO THE FILE OF THE CIT (APPEALS). THE CIT (APPEALS ) MAY CONSIDER THE MATTER AFRESH ALONG WITH QUANTUM APPEAL SAID TO BE PENDING WITH HIM AND THEREAFTER DECIDE IN ACCORDANCE WITH LAW AF TER GIVING REASONABLE OPPORTUNITY TO THE ASSESSEE. 4 I.T.A. NO. 3174/MDS/2016 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED ON 31 ST JANUARY, 2017 AT CHENNAI. SD/- SD/- ( . . ) ( . . . ) (D.S. SUNDER SINGH) (N.R.S. GANESAN) /ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, /DATED, THE 31 ST JANUARY, 2017. JR. # ! $ % $ /COPY TO: 1. /APPELLANT 2. !' /RESPONDENT 3. &' ( )/CIT(A)-1, COIMBATORE 4. &' /CIT, COIMBATORE 5. ! $ /DR 6. () /GF.