Ganpati Associates, Ranchi V. I.T.O., Ranchi

ITA 321/RAN/2014

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 0376 (ITAT-RANCHI)
• Duration Of Justice: 11 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-11-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 04-12-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHAUDHARY ORAON
• Assessee Lawyers: SURESH SABOO
• Section: 143(3); 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL: CIRCUIT BENCH : RANCHI [BEFORE HONBLE S/SHRI N. S. SAINI, AM AND GEORGE M ATHAN, JM] ITA NO.321/RAN/2014 ASSESSMENT YEAR: 2008-09 GANPATI ASSOCIATES, NEAR I B P PETROL PUMP, COURT ROAD, RANCHI 834 001. PAN:AAHFG4091N VS THE INCOME TAX OFFICER, WARD 1(3), CENTRAL REVENUE BUILDING, MAIN ROAD, RANCHI 834 001 (APPELLANT) (RESPONDENT) APPELLANT BY SHRI SURESH SABOO, AR RESPONDENT BY SHRI CHAUDHARY ORAON, DR DATE OF HEARING: 04-11-2015 DATE OF PRONOUNCEMENT: 04-11-2015 O R D E R PER GEORGE MATHAN, JM: THIS APPEAL IS AN APPEAL FILED BY THE ASSESSEE AG AINST THE ORDER OF THE LEARNED CIT(A), RANCHI, JHARKHAND IN APPEAL NO.77/RAN/OTH/09- 10 DATED 09-09-2014 FOR THE ASSESSMENT YEAR 2008-09 AGAINST CONFIRMATION OF LEVY OF PENALTY U/S 271 (1) (B) OF THE ACT. 2. SHRI SURESH SABOO, ADVOCATE REPRESENTED ON BEHAL F OF THE ASSESSEE AND SHRI CHAUDHARY ORAON, LEARNED DR REPRE SENTED ON BEHALF OF THE REVENUE. 3. IT WAS SUBMITTED BY THE LEARNED AR THAT THE ASSE SSEE HAD COOPERATED IN THE ASSESSMENT PROCEEDINGS. IT WAS A SUBMISSION THAT ITA NO. 321/R/2014 (AY: 2008-09) 2 THE AO HAD INITIATED PENALTY PROCEEDINGS U/S 271 (1 ) (B) OF THE ACT FIXING THE DATE OF COMPLIANCE AS 29-10-2009. IT WAS A SUBMISSION THAT THE PROCEEDINGS HAD BEEN INITIATED ON THE GROUND TH AT THE ASSESSEE HAD NOT PROVIDED INFORMATION SOUGHT FOR IN A NOTICE ISSUED U/S 143(2) OF THE ACT. IT WAS A SUBMISSION THAT SUBSEQUENTLY, THE ASSESSMENT HAS BEEN COMPLETED U/S 143(3) OF THE ACT AND NOT U/S 14 4 OF THE ACT. IT WAS A SUBMISSION THAT AS THE ASSESSMENT HAS BEEN CO MPLETED U/S 143(3) OF THE ACT; IT IS TO BE PRESUMED THAT THE AO HAS CONDONED THE NON-FURNISHING OF THE DETAILS CALLED FOR U/S 143(2) OF THE ACT IN TIME. IT WAS A SUBMISSION THAT THE PENALTY AS LEVIED BY THE AO AND CONFIRMED BY THE LEARNED CIT (A) MAY BE DELETED. 4. IN REPLY, THE LEARNED DR VEHEMENTLY SUPPORTED TH E ORDER OF THE AO AND THE LEARNED CIT (A). 5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. A PERU SAL OF THE ASSESSMENT ORDER SHOWS THAT THE ASSESSMENT ORDER HA S BEEN PASSED ONLY U/S 143(3) OF THE ACT ON 28-10-2010. THE FACT THAT THE ASSESSMENT ORDER HAS BEEN PASSED U/S 143(3) OF THE ACT SHOWS THAT ALL THE DETAILS CALLED FOR BY THE AO IN THE COURSE OF T HE ASSESSMENT HAD BEEN SUBMITTED BY THE ASSESSEE, THOUGH THERE WAS A DELAY IN SUBMITTING THE DETAILS. IN THE CIRCUMSTANCES, AS TH E ASSESSMENT HAS BEEN DONE U/S 143(3) OF THE ACT, NO PENALTY U/S 271 (1) (B) OF THE ACT IS CALLED FOR AGAINST THE ASSESSEE. IN THE CIRCUMST ANCES, THE PENALTY AS LEVIED BY THE AO AND CONFIRMED BY THE LEARNED CIT ( A) STANDS DELETED. ITA NO. 321/R/2014 (AY: 2008-09) 3 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. THE ORDER PRONOUNCED IN THE OPEN COURT AT THE CLOSE OF HEARING ON 04 - 11 - 2015. SD/- SD/- ( N .S. SAINI ) ACCOUNTANT MEMBER (GEORGE MATHAN ) JUDICIAL MEMBER DATE : 04-11-2015 L LL LK DEKA/SR.PS K DEKA/SR.PS K DEKA/SR.PS K DEKA/SR.PS COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) - 5. THE DR, ITAT, RANCHI 6. GUARD FILE BY ORDER DATE INITIAL ORIGINAL DIC TATION PAD & DRAFT S ARE ENCLOSED IN THE FILE 1. DRAFT DICTATED ON 04 .11.15 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 04.11.15 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 04.11.15 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 04 .11.15 JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS 04.11.15 S R.PS 6. DATE OF PRONOUNCEMENT 04.11.15 SR.PS 7. FILE SENT TO THE BENCH CLERK ` 04 .11.15 SR.PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER