Shri Sudhirbhai Pravinkant Thaker, Ahmedabad V. The Income Tax Officer,Ward-5(1), Ahmedabad

ITA 3192/AHD/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 9789 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 1 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-01-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 03-12-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DINESH SINGH

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD - , , BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER ./ I.T.A. NO. 3192/AHD/2014 ( / ASSESSMENT YEAR : 2008-09) SUDHIR PRAVINKANT THAKER 409, ASHIRWAD PARAS, OPP. KRISHNA BUNGALOWS CORPORATE ROAD NR.PRAHALDNAGAR GARDEN AHMEDABAD-380 015 / VS. INCOME TAX OFFICER WRD-5(1) AHMEDABAD $ ./ ./ PAN/GIR NO. : ABBPT 3929 K ( $' / APPELLANT ) .. ( ()$' / RESPONDENT ) $' / APPELLANT BY : NONE (WRITTEN SUBMISSIONS) ()$' + / RESPONDENT BY : SHRI DINESH SINGH, SR.DR ,- + . / DATE OF HEARING 14/12/2015 /0 + . / DATE OF PRONOUNCEMENT 08/01/2016 / O R D E R PER SHRI KUL BHARAT, JUDICIAL MEMBER : THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER OF THE LD.COMMISSIONER OF INCOME TAX(APPEALS)-XI, AHMEDABA D [CIT(A) IN SHORT] DATED 18/09/2014 PERTAINING TO ASSESSMENT Y EAR (AY) 2008-09. THE ASSESSEE HAS RAISED THE FOLLOWING GROUND OF APP EAL:- ITA NO.3192 /AH D/2014 SUDHIRBHAI PRAVINKANT THAKER VS. ITO ASST.YEAR 2008-09 - 2 - 1. THE LEARNED CIT(A)-XI, AHMEDABAD ERRED IN CONFIRMI NG THE PENALTY OF RS.3,55,146/- IMPOSED BY AO UNDER SECTION 271(1) (C) OF THE INCOME TAX ACT, 1961, WHICH IS REQUESTED TO BE DELE TED. YOUR APPELLANT PRAYS FOR LEAVE TO ADD, TO ALTER AND / OR TO AMEND THE ABOVE GROUND BEFORE THE FINAL HEARING OF THE APPEAL . 2. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE H AS FILED HIS RETURN OF INCOME ON 31/03/2009 DECLARING TOTAL INCOME AT RS. 2,31,680/-. THE CASE OF THE ASSESSEE WAS SELECTED FOR SCRUTINY ASSESSMEN T AND THE ASSESSMENT U/S.143(3) OF THE INCOME TAX ACT,1961 (HEREINAFTER REFERRED TO AS THE ACT) WAS FRAMED VIDE ORDER DATED 30/11/2010, THERE BY THE ASSESSING OFFICER (AO IN SHORT) MADE AN ADDITION OF RS.11,27, 800/- ON ACCOUNT OF INCOME FROM UNDISCLOSED SOURCE OF DEPOSITS WITH ICI CI BANK LTD., BANDRA, MUMBAI. THE AO ALSO INITIATED PENALTY PROC EEDINGS ON THIS ADDITION. SUBSEQUENTLY, THE AO PASSED AN ORDER IMP OSING PENALTY OF RS.3,55,1146/- U/S.271(1)(C) R.W.S. 275(1A) OF THE ACT VIDE ORDER DATED 22/01/2013. THE ASSESSEE BEING AGGRIEVED BY THE P ENALTY ORDER, PREFERRED AN APPEAL BEFORE THE LD.CIT(A), WHO AFTER CONSIDERING THE SUBMISSIONS OF THE ASSESSEE DISMISSED THE APPEAL. AGGRIEVED BY THE ORDER OF THE LD.CIT(A), NOW THE ASSESSEE IS FURTHER IN APPEAL BEFORE US. 3. THE LD.COUNSEL FOR THE ASSESSEE IN WRITTEN SUB MISSION DATED 24/09/2015 SUBMITTED THAT, IN QUANTUM APPEAL, THE A DDITION ON WHICH THE IMPUGNED PENALTY WAS LEVIED HAS ALREADY BEEN DELETE D BY THE COORDINATE ITA NO.3192 /AH D/2014 SUDHIRBHAI PRAVINKANT THAKER VS. ITO ASST.YEAR 2008-09 - 3 - BENCH (ITAT B BENCH AHMEDABAD) IN ITA NO.788/AHD/ 2012 PERTAINING TO AY 2008-09 VIDE ORDER DATED 21/09/201 5 AND A COPY OF THE SAID TRIBUNALS ORDER IS PLACED ON RECORD. HE SUBM ITTED THAT, THEREFORE THE PENALTY DOES NOT SURVIVE IN THE ASSESSMENT YEAR UNDER APPEAL. 3.1. ON THE CONTRARY, THE LD.SR.DR SUPPORTED THE OR DER OF THE LD.CIT(A). 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS, PERUSE D THE MATERIAL AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. WE FIND THAT THE COORDINATE BENCH IN ASSESSEES OWN CASES IN QUANTUM APPEAL ON WHICH PENALTY WAS LEVIED HAS BEEN DELETED IN ITA NO.788/AHD/2012 FOR AY 2008-09 AND ALLOWED THE APP EAL. THIS FACT HAS NOT BEEN CONTROVERTED BY THE REVENUE BY PLACING ANY CONTRARY MATERIAL ON RECORD. THEREFORE, WE SET ASIDE THE O RDER OF THE LD.CIT(A) ON THIS ISSUE AND THE AO IS HEREBY DIRECTED TO DELETE THE PENALTY. ACCORDINGLY, THE APPEAL OF THE ASSESSEE IS ALLOWED . 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS AL LOWED. ORDER PRONOUNCED IN THE COURT ON FRIDAY, THE 8 TH DAY OF JANUARY, 2016 AT AHMEDABAD. SD/- SD/- ( ) ( ) ( MANISH BORAD ) ( KUL BHARAT ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 08/ 01 /2016 4..., ,.../ T.C. NAIR, SR. PS ITA NO.3192 /AH D/2014 SUDHIRBHAI PRAVINKANT THAKER VS. ITO ASST.YEAR 2008-09 - 4 - !'#$%&%# / COPY OF THE ORDER FORWARDED TO : 1. $' / THE APPELLANT 2. ()$' / THE RESPONDENT. 3. 56 7 / CONCERNED CIT 4. 7 ( ) / THE CIT(A)-XI, AHMEDABAD 5. 8,9 (56 , . 560 , / DR, ITAT, AHMEDABAD 6. 9;< =- / GUARD FILE. / BY ORDER, )8 ( //TRUE COPY// / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION .. 17.12.15 (COPIED MATTER) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER ..17.12.15 3. OTHER MEMBER... 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S.8.1.16 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 8.1.16 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER