M/S Jai Bhagwati Enterprises , Rampura Phul V. INCOME TAX OFFICER ,WARD-1(3) , BATHINDA

ITA 441/ASR/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7775 (ITAT-AMRITSAR)
• Duration Of Justice: 9 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-07-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 10-07-2018
• Assessment Year: 2013-2014
• Appeal Filed On: 17-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: P N ARORA LD

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE SH. SANJAY ARORA, ACCOUNTANT MEMBER AND SH. N.K.CHOUDHRY, JUDICIAL MEMBER ITA NO.441(ASR)/2017 ASSESSMENT YEAR:2013-14 M/S. JAI BHAGWATI ENTERPRISES PHUL ROAD, RAMPURA PHUL PAN:AAEFJ6552A VS. INCOME TAX OFFICER WARD-1(3), BATHINDA (APPELLANT) (RESPONDENT) APPELLANT BY: SH P.N.ARORA (LD. ADV.) RESPONDENT BY: SH. CHARAN DASS (LD. DR) DATE OF HEARING: 10.07.2018 DATE OF PRONOUNCEMENT: 18.07.2018 ORDER PER N.K.CHOUDHRY, JM: THE INSTANT APPEAL HAS BEEN PREFERRED BY THE ASSESSEE/APPELLANT, ON FEELING AGGRIEVED AGAINST THE OR DER DATED 28.04.2017, IMPUGNED HEREIN, PASSED BY THE LD. CIT(A) -BATHINDA, U/S 250(6) OF THE I.T. ACT, 1961 (HEREINAFTER CALLED AS T HE ACT). 2. THE ONLY ISSUE INVOLVED IN THE INSTANT APPEAL RELA TES TO THE PENALTY IMPOSED U/S 271B OF THE I.T. ACT ON NON FILING OF AUDITED ACCOUNT BEFORE THE ASSESSING OFFICER, WHO THEREFORE, IMPOSE D THE PENALTY OF RS.1,50,000/- BY OBSERVING THAT THE ASSESSEE H AS FAILED TO FURNISH THE COPY OF AUDIT REPORT BEFORE THE ASSESSING OFF ICER, THEREFORE, HE HAS PUT HIMSELF LIABLE FOR A PENALTY U/S 271B OF TH E ACT. 3. THE PENALTY ORDER WAS CHALLENGED BEFORE THE LD. CIT(A ) WHO ALTHOUGH OBSERVED THAT A COPY OF AUDITED ACCOUNT WAS ALSO FILED IN ITA NO.441(ASR)/2017(A.Y:2013-14) M/S JAI BHAGWATI ENTERPRISES, RA MPURA PHUL VS. ITO 2 APPELLATE PROCEEDINGS, HOWEVER, CONFIRMED THE IMPOSITIO N OF PENALTY . THE ORDER OF THE LD. CIT(A) WAS CHALLENGED BEFORE US. 4. IN THE INSTANT CASE, THE ASSESSING OFFICER HAS LEVIED THE P ENALTY ON THE ASSESSEE FOR NON-FURNISHING OF AUDIT REPORT U/S 4 4AB OF THE ACT BEFORE THE DUE DATE OF FILING THE RETURN OF INCOME F OR THE RELEVANT YEAR, I.E., 30.09.2013. THE ASSESSEE IN THE APPELLANT PROCEEDI NGS BEFORE THE LD. CIT(A) HAD FURNISHED THE AUDITED ACCOUNTS AS WELL AS AUDIT REPORT, ON PERUSAL OF THE SAME, IT WAS FOUND BY THE LD. CIT(A) THAT AUDIT REPORT IS UNDATED, AND THEREFORE, CREATED A DOUBT OF THE SAME HAVING BEEN ACTUALLY AUDITED ON 23 RD AUGUST, 2013, THAT IS WHY THE LD. CIT(A) HAS ALSO CONFIRMED THE PENALTY. AT THE TIME OF HEARING OUR ATTENTION WAS DRAWN BY TH E LD. ADVOCATE SH. P.N. ARORA TO THE AUDIT REPORT IN FORM NO.3CB-3CD FOR ASST. YEAR: 2013-14 FILED THROUGH E-FILING ON DATED 2 7.09.2013 THROUGH SH. VEDPRAKASH GARG, CHARTERED ACCOUNTANT. FUR THER, IT WAS ALSO SUBMITTED BY THE LD. COUNSEL THAT THERE IS NO REQU IREMENT OF FILING THE PHYSICAL COPY OF THE AUDIT REPORT AFTER E-FILING. 5. WE HAVE PERUSED THE AFORESAID DOCUMENTS, AS IT CLEARLY R EFLECTS FROM THE AUDIT REPORT WHICH WAS E-FILED ON 27.09.2013 , AND THE SAME STRENGTHEN THE CASE OF THE ASSESSEE TO THE EFFECT THAT NO P ENALTY CAN BE LEVIABLE. CONSIDERING THE PECULIAR FACTS AND CIRCUMSTANCES OF THE CA SE AND OBSERVATION AS STATED ABOVE, WE ARE INCLINED TO DELETE THE PENALTY, HOWEVER, SUBJECT TO THE VERIFICATION OF THE E-FILING O F AUDIT REPORT DATED 23 RD AUGUST, 2013 FILED ON 27 TH SEP. 2013. IN THE AFORESAID TERMS, AS STATED ABOVE THE PENALTY STANDS DELETED. ITA NO.441(ASR)/2017(A.Y:2013-14) M/S JAI BHAGWATI ENTERPRISES, RA MPURA PHUL VS. ITO 3 6. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOW ED. ORDER PRONOUNCED IN THE OPEN COURT ON 18 .07.2018. SD/- SD/- (SANJAY ARORA) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JUDIC IAL MEMBER DATED:18.07.2018 /PK/ PS. COPY OF THE ORDER FORWARDED TO: (1) M/S JAI BHAGWATI ENTERPRISES, PHUL ROAD, RAMP URA PHUL (2) THE ITO, WARD-1(3), BATHINDA (3) THE CIT(A)-BATHINDA (4) THE CIT CONCERNED (5) THE SR DR, I.T.A.T., AMRITSAR TRUE COPY BY ORDER