Shri Darshak Vinodchandra Shah, Ahmedabad V. The Income Tax Officer, Ward-11(1), Ahmedabad

ITA 3187/AHD/2015

• Counselvise Citation: [2017] 130 COUNSELVISE.COM (IT) 9470 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 2 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-01-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 22-12-2016
• Assessment Year: 2007-2008
• Appeal Filed On: 06-11-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: BHARAT S SHAH
• Keywords: Principle of natural justice; Reassessment proceedings

Judgement Text

ITA NO. 3187 /AHD/201 5 A SSESSMENT Y EAR: 20 0 7 - 08 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH, SMC , AHMEDABAD [CORAM: PRAMOD KUMAR AM] ITA NO. 3187 /AHD/201 5 ASSESSMENT Y EAR : 200 7 - 08 DARSHAK VINODCHANDRA SHAH, ..... .......... .APPELLANT PROP. PREMOY IRON TRADERS, 8, GAUTAMBAUG SOCIETY, PALDI AHMEDABAD 380 007. [PAN: A FDPS 6649 M ] VS. INCOME TAX OFFICER, WARD 11 ( 1 ), AHMEDABAD . ................ RESPONDENT APPEARANCES BY: BHARAT S. SHAH FOR THE APPELLANT K. MADHUSUDAN FOR THE RESPONDENT D ATE OF CONCLUDING THE HEARING : 2 2 . 12 .201 6 DATE OF PRONOUNCING THE ORDER : 30 . 01.2017 O R D E R 1. BY WAY OF THIS APPEAL, THE ASSESSEE APPELLANT HAS CHALLENGED CORRECTNESS OF LEARNED CIT(A) S ORDER DATED 21.08.2015 , UPHOLDING PENALTY IMPOSED UNDER SECTION 271 (1)(C) OF THE INCOME TAX ACT 1961, FOR THE ASSESSMENT YEAR 2007 - 08. 2. GRIEVANCES RAISED BY THE ASSESSEE ARE AS FOLLOWS : - 1. THAT THE LEARNED CIT(A) HAS CONFIRMED THE ORDER PASSED UNDER SECTION 271(1)(C) R.W.S. 274 OF THE INCOME T A X ACT, 1961 FOR THE PE NALTY OF RS.1,91,260/ - . YOUR APPELLANT SUBMI T S THAT THE ORDER PASSED BY THE LEARN E D ASSESSING OFFICER IS INVALID, BAD IN LAW AND CONTRARY TO THE FACTS AND PROVISIONS OF LAW. IT IS SUBMITTED THAT IT MAY BE SO HELD NOW AND THAT THE ORDER OF LEARNED C IT(A ) CONFIRMING THE PENALTY BE QUASHED. 2. WITHOUT PREJUDICE TO THE ABOVE THE LEARNED CIT(A) HAS ERRED IN CONFIRMING THE PENALTY IN ORDER UNDER SECTION 271(1) (C) OF THE ACT WITHOUT CONSIDERING THE FACTS AND MERITS OF THE CASE. ITA NO. 3187 /AHD/201 5 A SSESSMENT Y EAR: 20 0 7 - 08 PAGE 2 OF 2 3. WITHOUT ADMITTING THE LEV Y OF PENALTY YOUR APPELLANT SUBMITS THAT THE CALCULATION OF PENALTY RS.1,91,260/ - IS INAPPROPRIATE AND WRONGLY CALCULATED ON THE BASIS OF APPEAL EFFECT ORDER THE LEARNED CIT(A) DATED 16 TH DECEMBER 2013 SO THAT IT MAY BE SO HELD NOW AND THAT THE ORDER OF TH E LEARNED CIT(A) CONFIRMING PENALTY BE QUASHED. 4. Y OUR APPELLANT AGAIN RESPECTFULLY SUBMITS THAT THE ACTION OF LEARNED CITT(A) FOR PASSING AN ORDER WHOLLY UNJUSTIFIED AND AGAINST THE PRINCIPLES OF THE NATURAL JUSTICE. YOUR APPELLANT THEREFORE REQUESTS YOU TO CANCEL THE ORDER. 3 . VIDE MY ORDER OF EVEN DATE, I HAVE ALREADY QUASHED THE REASSESSMENT PROCEEDINGS AS A RESULT OF WHICH THE RELATED QUANTUM ADDITIONS WERE MADE. AS THE QUANTUM AUDITION THUS STAND DELETED, THIS PENALTY IMPOSED ALSO MEETS THE SAM E FATE. I, THEREFORE, DELETE THIS PENALTY AS WELL. 4. IN THE RESULT, APPEAL IS ALLOWED. P RONOUNCED IN THE OPEN COURT ON THIS 30 TH DAY OF JANUARY , 2017 . SD/ - PRAMOD KUMAR (ACCOUNTANT MEMBER) DATED: THE 30 TH DAY OF JANUARY, 2017 . PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDAB AD BENCHES, AHMEDABAD