Navneet Kr. Kedia, Purnia V. ITO, Ward-3(1), Purnia

ITA 349/PAT/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1599 (ITAT-PATNA)
• Duration Of Justice: 1 year(s) 8 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-09-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2006-2007
• Appeal Filed On: 28-12-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AJAY KUMAR CITSRDR
• Assessee Lawyers: ALOK KUMAR SHAHI
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PATNA BENCH VIRTUAL HEARING E COURT AT KOLKATA BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND DR.A.L. SAINI, ACCOUNTANT MEMBER ITA NO. 3 49 / PAT / 2018 ASSESSMENT YEAR :2006-07 NAVNEET KUMAR KEDIA S/O MOHAN KUMAR KEDIA PROP. M/S KEDIA TRADING CO. GULABBAGH, PURNIA [ PAN NO.AEJPK 1399 H ] V/S . INCOME TAX OFFICER WARD-3(1), PURNIA /APPELLANT .. / RESPONDENT /BY APPELLANT SHRI ALOK KUMAR SHAHI, ADVOCATE /BY RESPONDENT SHRI AJAY KUMAR, ADDL. CIT-SR-DR /DATE OF HEARING 17-09-2020 /DATE OF PRONOUNCEMENT 17-09-2020 / O R D E R PER BENCH:- THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2006-07 ARISES AGAINST THE COMMISSIONER OF INCOME TAX (APPEALS)-BHAGALPURS OR DER DATED 31.10.2013 INVOLVING PENALTY PROCEEDINGS U/S 271(1)(C) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. FOR THE REASONS STATED IN THE ASSESSEES IDENTIC AL CONDONATION PETITION FOR DELAY OF 197 DAYS ON ACCOUNT OF COMPILATION O F NECESSARY RECORDS ETC., WE HOLD THAT THE SAME IS NEITHER INTENTIONAL NOR DELIB ERATE BUT ON ACCOUNT OF CIRCUMSTANCES BEYOND HIS CONTROL. THE SAME STANDS C ONDONED. THE CASE IS NOW TAKEN UP FOR ADJUDICATION ON MERITS. 3. THE ASSESSEES IDENTICAL SOLE SUBSTANTIVE GRIEVA NCE RAISED IN THIS INSTANT APPEAL CHALLENGES CORRECTNESS OF BOTH THE L OWER AUTHORITIES ACTION ITA NO.349/PAT/2018 A.Y. 2006-07 NAVNEET KUMAR KEDIA VS. ITO WD-3(1) PURNIA PAGE 2 IMPOSING PENALTY 65,100/-. LEARNED COUNSEL INVITED OUR ATTENTION TO THE CORRESPONDING PENALTY NOTICE DATED 31.10.2013 NOWHE RE INDICATING AS TO WHETHER THE ASSESSEE HAD CONCEALED PARTICULARS OF H IS INCOME OR FURNISHING INACCURATE PARTICULARS OF SUCH INCOME. WE FIND NO M ERIT 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) & PCIT V/S. DR. MURARI MOHAN KOLEY ITAT NO. 306 OF 2017 GA NO. 2968 OF 2017 DT.18.7.2018 (CAL). THEIR LORDSHIPS DECIDE THE ISSUE IN ASSESSEES FAVO UR THAT SUCH A COMPLIANCE HAS TO COME AT THE TIME OF FINALIZATION OF ASSESSME NTS PROCEEDINGS AS WELL. WE THUS REJECT THE REVENUES FOREGOING STAND RELYIN G ON BOTH THE LOWER AUTHORITIES ACTION IMPOSING THE IMPUGNED PENALTY. SAME IS DIRECTED TO BE DELETED THEREFORE. 4. THIS ASSESSEES APPEAL IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT AT THE CLOSE OF HEAR ING ON THURSDAY 17 ST SEPTEMBER, 2020 SD/- SD/- ( ') ($% ') (A.L. SAINI) (S.S.GODARA) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) *DKP SR.P.S & 17/09 /20 20 / / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-SHRI NAVNEET KUMAR KEDIA S/O MOHAN KR. KEDIA PROP: M/S KEDIA TRADING CO. GULABBAGU, PURNIA 2. /RESPONDENT-INCOME TAX OFFICER WARD-3(1), PURNIA 3. / 2 / CONCERNED CIT PATNA 4. 2- / CIT (A) PATNA 5. 7 %%/, / , / DR, ITAT, PATNA 6. = / GUARD FILE. BY ORDER/ , /TRUE COPY/ SR. PRIVATE SECRETARY, HEAD OF OFFICE/DDO PATNA /,