Shri Sanjay Jagdishkumar Hapani, Surat V. The Income tax Officer,Ward-9(4), Surat

ITA 359/AHD/2010

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 60213 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 1 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-04-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 29-03-2012
• Assessment Year: 2004-2005
• Appeal Filed On: 05-02-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MEHUL K PATEL
• Keywords: Opportunity of being heard

Judgement Text

ITA NO.3 59/AHD/2010 ASSESSME NT YEAR 2004- 05 . 1 IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH , AHMEDABAD (BEFORE SHRI G.C.GUPTA VICE PRESIDENT & SHRI ANIL C HATURVEDI, A.M.) I.T.A. NO. 359/AHD/2010 (ASSESSMENT YEAR: 2004- 05 ) SHRI SANJAY JAGDISHKUMAR HAPANI, 10-A, TRIKAMNAGAR SOCIETY, VARACHHA ROAD, SURAT. (APPELLANT) VS. INCOME TAX OFFICER WARD 9(4), AAYAKAR BHAVAN, MAJURA GATE, SURAT. (RESPONDENT) PAN: AAXPH 7595L APPELLANT BY : SHRI MEHUL K. PATEL. RESPONDENT BY : SHRI SAMIR TEKRIWAL, SR.D.R. ( )/ ORDER DATE OF HEARING : 29-3-2012 DATE OF PRONOUNCEMENT : 4-4-2012 PER: SHRI ANIL CHATURVEDI,A.M. THIS APPEAL IS DIRECTED AGAINST THE ORDER OF LD. C IT (A)-V, SURAT DATED 9-12-2009 FOR THE ASSESSMENT YEAR 2004-05. 2. THE ONLY EFFECTIVE GROUND RAISED BY THE ASSESSEE IS AS UNDER:- ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AS WELL AS LAW ON THE SUBJECT, THE LD. CIT (A) HAS ERRED IN CO NFIRMING THE ITA NO.3 59/AHD/2010 ASSESSME NT YEAR 2004- 05 . 2 ACTION OF THE A.O. IN LEVYING PENALTY OF RS.3,26,57 7/- U/S. 271(1)(C) OF THE I.T. ACT,1961. 3. AT THE OUTSET THE LD. AR INFORMED THAT IN THE MA TTER OF QUANTUM ADDITION WHICH WAS BEFORE HONBLE C BENCH, THE HO NBLE TRIBUNAL HAS SET ASIDE THE MATTER TO THE FILE OF A.O. FOR FR ESH ADJUDICATION AND THEREFORE THE ORDER OF PENALTY DOES NOT SURVIVE, TH E LD. A.R. PLACED BEFORE US THE COPY OF THE CONSOLIDATED ORDER PASSED BY C- BENCH ITAT, AHMEDABAD DATED 17-2-2012, WHEREIN ALL THE AP PEALS WERE SET ASIDE TO THE FILE OF ASSESSING OFFICER WITH A DIREC TION TO DECIDE THE MATTER DE-NOVO. THE RELEVANT OBSERVATION OF ITAT BE NCH-C, AHMEDABAD IS AS UNDER:- 8. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE FACTS OF THE CASE. IN VIEW OF THE ABOVE-MENTIONED LEGAL A S WELL AS FACTUAL CONTENTIONS OF BOTH THE SIDES WE FIND IT AP PROPRIATE TO SET ASIDE ALL THE APPEALS OF THE ASSESSEE AS WELL AS O F THE REVENUE INCLUDING THE APPEAL FILED IN THE CASE OF PENALTY M ENTIONED HEREINABOVE TO THE FILE OF ASSESSING OFFICER, WHO W ILL PASS A SPEAKING ORDER AND AFTER GIVING AMPLE OPPORTUNITY T O THE ASSESSEES CONCERNED ON ALL THE ISSUES, WITH SPECI FIC REFERENCE TO KEEPING IN CONSIDERATION THE SUBSTANTIVE ASSESSM ENT IN THE HANDS OF DIFFERENT ASSESSEES AND UTILIZATION OF THE CAPITAL IN THE HANDS OF THE ULTIMATE BENEFICIARIES. THE A.O. IS DI RECTED TO DECIDE ALL THE MATTERS DE NOVO AS DIRECTED ABOVE BU T BY PROVIDING REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. THUS, ALL THE APPEALS ARE ALLOWED FOR STA TISTICAL PURPOSES. 4. LD. D.R. DID NOT DISPUTE THE FACTS PLACED BY THE LD. A.R. 5. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE FACTS OF THE CASE. PURSUANT TO THE DIRECTIONS OF THE CO-ORDINATE BENCH, SINCE THE ITA NO.3 59/AHD/2010 ASSESSME NT YEAR 2004- 05 . 3 MATTER IN QUANTUM APPEAL HAS BEEN SET ASIDE TO THE FILE OF A.O. FOR DECIDING THE SAME DE-NOVO, THE PENALTY LEVIED BY A. O. AND CONFIRMED BY THE CIT(A) IN THE PRESENT APPEAL DOES NOT SURVIV E. THE A.O. MAY RE- INITIATE THE PENALTY AS PER LAW, IF SO WARRANTED, A FTER PASSING THE QUANTUM ORDER. 6. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATIST ICAL PURPOSES. ORDER PRONOUNCED IN OPEN COURT ON 4 - 4 - 2012. SD/- SD/- (G.C.GUPTA) (ANIL CHATURVEDI) VICE PRESIDENT ACCOUNTANT MEMBER AHMEDABAD. S.A.PATKI. COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) V SURAT. 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT,AHMEDABAD. ITA NO.3 59/AHD/2010 ASSESSME NT YEAR 2004- 05 . 4 1.DATE OF DICTATION 29 - 3 -2012 2.DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE TH E DICTATING 30 / 3 / 2012 MEMBER.OTHER MEMBER. 3.DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S./P.S - -2012. 4.DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT - -2012 5.DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR .P.S./P.S - -2012 6.DATE ON WHICH THE FILE GOES TO THE BENCH CLERK - -2012. 7.DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8.THE DATE ON WHICH THE FILE GOES TO THE ASSTT. REG ISTRAR FOR SIGNATURE ON THE ORDER 9.DATE OF DESPATCH OF THE ORDER..