Sh. Rohit Tandon Prop., Jalandhar V. The Income-tax Officer, Jalandhar

ITA 389/ASR/2012

• Counselvise Citation: 38920914 RSA 2012
• Duration Of Justice: 2 year(s) 10 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-08-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 12-06-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 09-10-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: TARSEM LAL
• Assessee Lawyers: Y K SUD

Judgement Text

I.T.A. NO S . 389 & 390 /ASR/201 2 ASSESSMENT YEAR S : 20 0 7 - 08 & 2008 - 09 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR [CORAM: PRAMOD KUMAR AM AND A.D. JAIN JM] I.T.A. NO S . 389 & 390 /ASR/201 2 ASSESSMENT YEAR S : 20 0 7 - 08 & 20 08 - 09 ROHIT TANDAN, . APPELLANT PROP. PRAJNA (INDIA), 462, GREATER KAILA SH, JALANDHA R. [PAN: AA F PT 3832 Q ] VS. INCOME TAX OFFICER I (3), JALANDHAR. RESPONDENT APPEARANCES BY: Y.K. SUD FOR THE APPELLANT TARSEM LAL FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING: JUNE 12, 2015 DATE OF PRONOUNCING THE ORDER: AUGUST 31 , 2015 O R D E R PER PRAMOD KUMAR , AM : 1. BY WAY OF THESE APPEALS, THE ASSESSEE APPELLANT HAS CHALLENGED CORRECTNESS OF LEARNED CIT(A)S ORDER DATED 25 TH SEPTEMBER 2012 UPHOLDING PENALTIES OF RS 53,15,885 AND RS 45,22,088 IMPOSED ON THE ASSESSEE UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT YEARS 2007 - 08 AND 2008 - 09 RESPECTIVELY. 2. WHEN THESE APPEALS WERE CALLED OUT FOR HEARING, LEARNED COUNSEL FOR THE ASSESSEE INVITED OUR ATTENTION TO THE ORDER DATED 5 T H MARCH 2015 PASSED BY THE TRIBUNAL WHEREBY RELATED QUANTUM ADDITIONS WERE DELETED. IT WAS SUBMITTED THAT SINCE THE RELATED QUANTUM ADDITIONS ARE DELETED, THE VERY FOUNDATION OF THESE I.T.A. NO S . 389 & 390 /ASR/201 2 ASSESSMENT YEAR S : 20 0 7 - 08 & 2008 - 09 PAGE 2 OF 3 PENALTIES CEASES TO HOLD GOOD IN LAW. WE ARE THUS URGED TO DELETE THE IM PUGNED PENALTIES. 3. WHILE LEARNED DEPARTMENTAL REPRESENTATIVE DOES NOT DISPUTE THE FACT THAT QUANTUM ADDITIONS INDEED STAND DELETED, HE VEHEMENTLY CONTENDS THAT THESE ADDITIONS HAVE BEEN WRONGLY DELETED AND THE ORDER DELETING THE QUANTUM ADDITIONS SUFFERS FROM, WHAT HE TERMS AS, INNUMERABLE MISTAKE APPARENT FROM RECORD. HE GOES ON TO SUBMIT THAT A RECTIFICATION PETITION WILL SHORTLY BE FILED. ON THE STRENGTH OF A RECTIFICATION PETITION, WHICH IS YET TO BE FILED, HE URGES US TO REFRAIN FROM DELETING THESE PENALTIES. 4. WE FIND THAT ONCE THE QUANTUM ADDITIONS ARE DELETED, THE VERY FOUNDATION OF IMPUGNED PENALTIES CEASES TO HOLD GOOD IN LAW. WHETHER THE ORDER DELETING THE PENALTIES IS RIGHT OR WRONG IS NOT TO BE JUDGED BY US. AS THE THINGS STAND NOW, THE Q UANTUM ADDITIONS STAND DELETED. THE PENALTIES MUST ALSO BE DELETED. AS FOR THE STAND OF THE LEARNED DEPARTMENTAL REPRESENTATIVE, WHICH IS, IN OUR CONSIDERED VIEW, WHOLLY DEVOID OF ANY LEGALLY SUSTAINABLE MERITS, WE CAN DO NO MORE THAN STATING THE SAME AND LEAVING AT THAT. WE, THEREFORE, DIRECT THE ASSESSING OFFICER TO DELETE THE IMPUGNED PENALTIES. 5. IN THE RESULT, THE APPEALS ARE ALLOWED. PRONOUNCED TODAY 31 ST DAY OF AUGUST, 2015. SD/XX SD/XX A D JAIN PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) DATED THE 31 ST DAY OF AUGUST, 2015 I.T.A. NO S . 389 & 390 /ASR/201 2 ASSESSMENT YEAR S : 20 0 7 - 08 & 2008 - 09 PAGE 3 OF 3 COPIES TO : (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) D EPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR