Shri Raees Ahmad Khan, Bokaro Steel City V. DCIT,Circle-3(1), Bokaro Steel City

ITA 329/RAN/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 2487 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 4 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-03-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 29-10-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AJOY KUMAR ADL
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI BENCH SMC RANCHI BEFORE SHRI S.S, GODARA, JUDICIAL MEMBER ITA NO.329 TO 331/RAN/2018 ASSESSMENT YEARS: 2010-11, 2012-13 & 2014-15 SHRI RAEES AHMAD KHAN Q.NO.-660, SECTOR-1C, BOKARO STEEL CITY-827001 [ PAN NO.ADSPK 0235 C ] / V/S . DCIT, CIRCLE-3(1), BOKARO /APPELLANT .. /RESPONDENT /BY ASSESSEE SHRI DEVESH PODDAR, ADVOCATE /BY RESPONDENT SHRI AJOY KUMAR ADL.CIT-DR /DATE OF HEARING 04-03-2020 /DATE OF PRONOUNCEMENT 04-03-2020 /O R D E R (ORAL) THESE THREE ASSESSEES APPEALS FOR ASSESSMENT YEA RS 2010-11, 2012-13, & 2014-15, ARISE AGAINST THE COMMISSIONER OF INCOME-T AX (APPEALS) HAZAARIBAGHS SEPARATE ORDERS; ALL DATED 02.08.2018, PASSED IN CA SE NOS. 10444, 10446 & 10447/2017-18, IMPOSING PENALTY(IES) OF RS.97,400/ -, RS.1,37,650 & RS.1,38,500/- INVOLVING PROCEEDINGS U/S. 271(1)(C) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT; RESPECTIVELY. HEARD BOTH THE PARTIES. CASE FILE(S) PERUSED. 2. IT TRANSPIRES AT THE OUTSET THAT ASSESSEES ONL Y CHALLENGE CORRECTNESS OF THE IMPUGNED PENALTY(IES) IS THAT THE ASSESSING OFFICER S CORRESPONDING QUANTUM ASSESSMENT ORDER(S) NOWHERE INDICATE AS UNDER WHICH LIMB THE IMPUGNED PENALTY(IES) PROCEEDINGS HAVE BEEN INITIATED. LEARNED DEPARTMENT AL REPRESENTATIVES CASE ON THE ITA NOS.329-331/RAN/2018 A.YS10-11, 12 -13 & 14-15 SH. RAEES AHMAD KHAN VS. DCIT, CIR-3(1), BOKARO PAGE 2 OTHER HAND THAT SUCH A MANDATORY COMPLIANCE ARISES ONLY AT THE TIME OF ISSUANCE OF PENALTY(IES) NOTICE AND NOT WHEN THE ASSESSMENT ITS ELF IS FINALISED. I FIND NO MERIT IN REVENUES INSTANT STANDS IN VIEW OF THE CASE LAWS ( 2009) 309 ITR 107 (DEL) MADHUSHREE GUPTA VS. UNION OF INDIA , (2013) 359 ITR 515 (KAR) COMMISSIONER OF INCOME TAX VS. MANJUNATHA COTTON & GRINNING FACTORY AND COMMISSIONER OF INCOME TAX VS. RAMPUR ENGINEERING CO. LTD. (2009) 309 ITR 143 (DEL). THEIR LORDSHIPS DECIDE THE ISSUE IN ASSESSEES FAVOUR THAT SUCH A C OMPLIANCE HAS TO COME AT THE TIME OF FINALIZATION OF ASSESSMENTS PROCEEDINGS AS WELL. I THUS REJECT THE REVENUES FOREGOING STAND RELYING ON BOTH THE LOWER AUTHORITIES ACTION IMPOSING THE IMPUGNED PENALTY(IES). SAME ARE DIRECTED TO BE DELETED THERE FORE. 4. THESE THREE ASSESSEES APPEALS ARE ALLOWED. A COPY OF INSTANT COMMON ORDER BE PLACED IN THE RESPECTIVE CASE FILE(S) ORDER PRONOUNCED IN OPEN COURT AT THE CLOSE OF HEARING ON WEDNESDAY , 4 TH MARCH, 2020 SD/- ( #$ ) (S.S. GODARA) JUDICIAL MEMB ER *DKP/SR.PS ' - 04/03/2020 / COPY OF ORDER FORWARDED TO:- 1. /ASSESSEE- SRI RAEES AHMAD KHAN, Q.NO.660, SECTOR-1C, BOKARO STEEL CITY BOKARO-827001 2. /REVENUE-DCIT, CIR-3(1), BOKARO 3. + - / CONCERNED CIT 4. - - / CIT (A) 5. . $$+ , + / DR, ITAT, RANCHI 6. 2 / GUARD FILE. BY ORDER/ , /TRUE COPY/ SR. PRIVATE SECRETARY/P.S (ON TOUR) +,