Smt. Jyoti Johar, Meerut V. ITO, Meerut

ITA 3389/DEL/2009

• Counselvise Citation: [2009] 114 COUNSELVISE.COM (IT) 9609 (ITAT-DELHI)
• Duration Of Justice: 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-09-2009
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2005-2006
• Appeal Filed On: 30-07-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHOK MITTAL
• Assessee Lawyers: H G MALIK
• Keywords: Revised return
• Section: 271(1)(c); 251

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G : NEW DELHI BEFORE SHRI A.D.JAIN, JM AND SHRI R.C.SHARMA, AM ITA NO.3389/DEL/2009 ASSESSMENT YEAR : 2005-06 SMT.JYOTI JOHAR, 143, B.C.LINES, MEERUT CANTT. PAN NO.ACWPJ7738E. VS. INCOME TAX OFFICER, WARD-1(3), MEERUT. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI H.G.MALIK, ADVOCATE. RESPONDENT BY : SHRI ASHOK MITTAL, SR.DR. ORDER PER R.C.SHARMA, AM : THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST TH E ORDER OF CIT(A) DATED 8.6.2009 FOR AY 2005-06 IN THE MATTER OF IMPOSITION OF PENALTY OF RS.20,000/- U/S 271(1)(C) OF THE IT ACT. 2. WE HAVE CONSIDERED THE RIVAL CONTENTIONS AND GON E THROUGH THE ORDERS OF THE AUTHORITIES BELOW. IN THE INSTANT CASE, THE AS SESSEE FILED THE ORIGINAL RETURN DECLARING AN INCOME OF RS.64,932/-. SUBSEQUENTLY, REALIZING THE OMISSION REVISED RETURN WAS FILED VOLUNTARILY PRIOR TO ANY DETECTION ON 29 TH SEPTEMBER, 2006 DECLARING AN INCOME OF RS.1,70,884/- INCLUDING THE CAPITAL GAIN OF RS.99,367/-. WITH REFERENCE TO REVISED RETURN, THE AO LEVIED PEN ALTY OF RS.20,000/- U/S 271(1)(C) WHICH WAS CONFIRMED BY THE CIT(A). THE I SSUE WITH REGARD TO LEVIABILITY OF PENALTY IN CASE OF ASSESSEE REVISING THE RETURN BEFORE DETECTION IS SQUARELY COVERED BY THE RATIO LAID DOWN BY THE HON' BLE SUPREME COURT IN THE CASE OF SURESH CHAND MITTAL 251 ITR 9 WHEREIN IT WAS H ELD THAT FILING OF REVISED RETURN SHOWING HIGHER INCOME AFTER SEARCH AND NOTIC E FOR REOPENING ASSESSMENT, TO PURCHASE PEACE AND AVOID LITIGATION, DOES NOT AMOUN T TO CONCEALMENT OF INCOME FOR LEVY OF PENALTY. ACCORDINGLY, PENALTY WAS NOT HELD TO BE LEVIABLE WITH ITA-3389/D/2009 2 REFERENCE TO THE INCOME FILED THROUGH REVISED RETUR N. IN THE INSTANT CASE ALSO, THE ASSESSEE HAS VOLUNTARILY FILED THE REVISED RETURN A FTER REALIZING THE OMISSION. RESPECTFULLY FOLLOWING THE RATIO OF THE JUDGMENT OF HON'BLE SUPREME COURT, THERE IS NO MERIT IN THE ORDERS OF THE LOWER AUTHORITIES FOR LEVY OF PENALTY U/S 271(1)(C). 3. IN THE RESULT, THE APPEAL IS ALLOWED. DECISION PRONOUNCED IN THE OPEN COURT ON CONCLUSION OF HEARING ON 30 TH SEPTEMBER, 2009. SD/- SD/- (A.D.JAIN) (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 30.09.2009. VK. COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT DEPUTY REGISTRAR