Sacred Heart Inter College through Sacred Heart Catholic Educational Society, Sitapur V. Dy. Commissioner of Income Tax, Sitapur

ITA 379/LKW/2014

• Counselvise Citation: 37923714 RSA 2014
• Duration Of Justice: 4 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-09-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 03-09-2014
• Assessment Year: 2001-2002
• Appeal Filed On: 12-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ALOK MITRA
• Assessee Lawyers: K R RASTOGI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A , LUCKNOW BEFORE SHRI S UNIL KUMAR YADAV , JUDICIAL MEMBER AND SHRI. A. K. GARODIA , ACCOUNTANT MEMBER ITA NO S . 379 TO 382/LKW/2014 ASSESSMENT YEAR S : 2001 - 02 TO 2003 - 04 SACRED HEART INTER COLLEGE T HROUGH SACRED HEART CATHOLIC EDUCATIONAL SOCIETY 4, CANTT. ROAD , SITAPUR V. DY. CIT SITAPUR PAN: AFTS3327M (APP ELL ANT) (RESPONDENT) APP ELL ANT BY: SHRI. K.R. RASTOGI, C.A. RESPONDENT BY: SHRI. ALOK MITRA, D.R. DATE OF HEARING: 03 09 2014 DATE OF P RONOUNCEMENT: 16 0 9 2014 O R D E R PER SUNIL KUMAR YADAV: THESE APPEALS ARE PREFERRED BY THE ASSESSEE AGAINST THE CONSOLIDATED ORDER OF THE LD. CIT(A) ON A COMMON GROUND THAT THE LD. CIT(A) HAS ERRED IN CONFIRMING THE PENALTY LEVIED UNDER SECTION 271B OF THE INCOME - TAX ACT, 1961 (HEREINAFTER CALLED IN SHORT THE ACT'). 2 . DURING THE COURSE OF HEARING OF THE APPEALS, THE LD. COUNSEL FOR THE ASSESSEE HAS INVITED OUR ATTENTION THAT THE ASSESSING OFFICER INITIATED PENALTY PROCEEDINGS UNDER SECTION 271A AND 27 1B OF THE ACT. SINCE THE ASSESSING OFFICER HAS LEVIED PENALTY UNDER SECTION 271A OF THE ACT, PENALTY UNDER SECTION 271B OF THE ACT CANNOT BE LEVIED ON ACCOUNT OF NON - AUDITING OF THE ACCOUNTS. IN SUPPORT OF HIS CONTENTION, THE LD. COUNSEL FOR THE ASSESSEE HAS PLACED RELIANCE UPON THE JUDGMENT OF THE JURISDICTIONAL HIGH COURT IN THE CASE OF CIT VS. BISAULI TRACTORS, [2007] 165 TAXMAN 1 (ALL). PRINT TO PDF WITHOUT THIS MESSAGE BY PURCHASING NOVAPDF ( HTTP://WWW.NOVAPDF.COM/ ) : - 2 - : DURING THE COURSE OF HEARING, A SPECIFIC QUERY WAS RAISED FROM THE LD. COUNSEL FOR THE ASSESSEE AS TO WHAT HAPPENED WITH REGARD TO THE PENALTY INITIATED UNDER SECTION 271A OF THE ACT. IN RESPONSE THERETO, THE LD. COUNSEL FOR THE ASSESSEE COULD NOT FURNISH SATISFACTORY REPLY WITH REGARD TO THE LEVY OF PENALTY UNDER SECTION 271A OF THE ACT. HE HAS, HOWEVER, SUBMITTED T HAT HE HAS NO INFORMATION WITH REGARD TO THE LEVY OF PENALTY UNDER SECTION 271A OF THE ACT. ON THE BASIS OF THE ASSESSMENT ORDER HE CAN SIMPLY SAY THAT PENALTY UNDER SECTION 271A OF THE ACT WAS INITIATED. IN THE ABSENCE OF COMPLETE DETAILS WITH REGARD TO THE LEVY OF PENALTY UNDER SECTION 271A OF THE ACT, WE ARE OF THE VIEW THAT LET THE MATTER BE SENT BACK TO THE FILE OF THE ASSESSING OFFICER WITH A DIRECTION TO VERIFY WHETHER PENALTY UNDER SECTION 271A OF THE ACT WAS LEVIED OR NOT , I F LEVIED, WHAT WAS THE FATE OF IT. IF PENALTY UNDER SECTION 271A OF THE ACT IS LEVIED AGAINST THE ASSESSEE, PENALTY UNDER SECTION 271B OF THE ACT CANNOT BE LEVIED. WITH THIS DIRECTION, WE RESTORE THE MATTER TO THE FILE OF THE ASSESSING OFFICER. ACCORDINGLY THE APPEALS OF THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. 3 . IN THE RESULT, APPEALS OF THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER WAS PRONOUNCED IN THE OPEN COURT ON THE DATE MENT I ONED ON THE CAPTION PAGE. SD/ - SD/ - [ A. K. GARODIA ] [ S UNIL KUMAR Y AD AV ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 16 TH SEPTEMBER , 2014 JJ: 0309 PRINT TO PDF WITHOUT THIS MESSAGE BY PURCHASING NOVAPDF ( HTTP://WWW.NOVAPDF.COM/ ) : - 3 - : COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT(A) 4 . CIT 5 . DR ASSISTANT REGISTRAR PRINT TO PDF WITHOUT THIS MESSAGE BY PURCHASING NOVAPDF ( HTTP://WWW.NOVAPDF.COM/ )