Jayantibhai P.Patel, Ankaleshwar V. ACIT, Bharuch Circle-2, Bharuch

ITA 43/SRT/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 7629 (ITAT-SURAT)
• Duration Of Justice: 1 year(s) 7 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-08-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 29-01-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: O P MEENA
• Keywords: TDS

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT BENCH, SURAT BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND DR. ARJUN LAL SAINI, ACCOUNTANT MEMBER ITA NO. 43/SRT/2019 (AY : 2011-12) ( VIRTUAL HEARING IN VIRTUAL COURT) JAYANTIBHAI P PATEL , 1, SUKHSHANATI SOCIETY, GIDC, GATTU SCHOOL ROAD, ANKLESHWAR PAN : AEBPP4502M VS ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, BHARUCH APPELLANT RESPONDEDNT APPELLANT BY NONE RESPONDENT BY SHRI O P MEENA ( SR. DR) DATE OF HEARING 31 - 0 8 - 2020 DATE OF PRONOUNCEMENT 31 - 0 8 - 2020 O R D E R PER PAWAN SINGH, JUDICIAL MEMBER : 1. THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX, APPEALS-5 [IN SHORT THE CIT(A)-5], VADODARA DATED 06/04/2017, WHICH IN TURN ARISES AGAINST PENALTY LEVIED U/S.271(1)(C) BY THE ASSESSING OFFICER (AO) BY ORDER DATED 25/03/2020 FOR THE ASSESSMENT YEAR (AY) 2011-12. 2. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS:- 1. CIT(A) HAS ERRED IN NOT DELETING THE PENALTY ON RS.584500/- BEING THE BUSINESS DEVELOPMENT EXPENDITURE ADDED BY A.O. ON ACCOUNT OF UNEXPLAINED R & D EXPENSES AND ON ACCOUNT OF NON DEDUCTION OF TDS THEREON. THE A.O. HAS LEVIED PENALTY TREATING THE SAME AS INACCURATE 2 ITA NO. 43/SRT/2019/AY.2011-12/ JAYANTIBHAI P PATEL PARTICULARS AND LEVIED PENALTY U.S.271(1)(C) ON THE SAME. CIT(A) HAS NOT APPRECIATED FACTS AND RETAINED PENALTY. LEAVY OF PENALTY BEING NOT AS PER LAW REQUESTED TO BE DELETE. 2. YOUR APPELLANT REQUESTS FOR LEAVE TO ADD, TO DELETE, TO OMIT, TO AMEND ALL OR ANY OF THE GROUNDS OF APPEAL AT OR BEFORE THE TIME OF FINAL DISPOSAL OF THE APPEAL. 3. THIS APPEAL HAS TAKEN UP FOR HEARING ON THE APPLICATION FILED BY ASSESSEE VIDE APPLICATION DATED 24/01/2019. IN THE SAID APPLICATION THE ASSESSEE HAS CONTENDED THAT HE HAS APPLIED UNDER SCHEME VIVAD SE VISHWAS AND HAS RECEIVED APPROVAL FROM PRINCIPAL COMMISSIONER OF INCOME TAX (IN SHORT THE PCIT), VADODARA-3 UNDER FORM 3. THE ASSESSEE PRAYED FOR WITHDRAWAL OF THE APPEAL TO ENABLE HIM FOR FILING OF FORM 4 OF DIRECT TAX VIVAD SE VISHWAS (VSV). THE ASSESSEE HAS ALSO PLACED ON RECORD A COPY OF FORM 3 OF VIVAD SE VISHWAS SCHEME, ACKNOWLEDGEMENT NO.456289270110820. COPY OF THE APPLICATION FOR WITHDRAWAL OF THE APPEAL IS ALSO SUPPLIED TO REVENUE FOR THEIR RECORD. 4. NONE APPEARED ON BEHALF OF ASSESSEE WHEN THE APPEAL WAS LISTED FOR HEARING. THE LD. SENIOR DEPARTMENTAL REPRESENTATIVE (SR. DR) APPEARING FOR THE REVENUE HAS NO OBJECTION, IF THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN TO ENABLE THE ASSESSEE FOR FILING FORM 4 IN COMPLIANCE OF VIVAD SE VISHWAS SCHEME. 5. CONSIDERING THE CONTENTS OF APPLICATION DATED 24/08/2020 FILED BY THE ASSESSEE, THE APPEAL OF THE ASSESSEE IN DISMISSED AS WITHDRAWN. 3 ITA NO. 43/SRT/2019/AY.2011-12/ JAYANTIBHAI P PATEL ORDER PRONOUNCED ON 31/08/2020, AS PER RULE 34 OF INCOME TAX APPELLATE TRIBUNAL, RULE 1963. SD/- SD/- (DR. ARJUN LAL SAINI) (PAWAN SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 31/08/2020 SAMANTA, PS COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR // TRUE COPY // /TRUE COPY/ BY ORDER ASSTT. REGISTRAR, ITAT, SURAT DATE INITIAL 1. DRAFT DICTATED ON (DICTATION SHEET IS ENCLOSED WITH MAIN FILE.) 31 .0 8 .2020 } PS 2. DRAFT PLACED BEFORE AUTHOR 31 .0 8 . 2020 PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 31.08.2020 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. 31.08.2020 5. APPROVED DRAFT COMES TO THE SR.PS/PS 31.08.2020 6. KEPT FOR PRONOUNCEMENT ON 31.08.2020 7. FILE SENT TO THE BE NCH CLERK 31.08.2020 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER. 11. DRAFT DICTATION SHEETS ARE ATTACHED PS