M/s Triveni Kshetriya Gramin Bank, Banda. V. Asstt. Commossioner of Income Tax-6, Kanpur

ITA 443/LKW/2012

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 5168 (ITAT-LUCKNOW)
• Duration Of Justice: 1 year(s) 4 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-12-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 02-09-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 06-08-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ALOK MITRA
• Assessee Lawyers: RAJESH KUSHWAHA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH B , LUCKNOW BEFORE SHRI S UNIL KUMAR YADAV , JUDICIAL MEMBER AND SHRI. A. K. GARODIA , ACCOUNTANT MEMBER ITA NO. 443/LKW/2012 ASSESSMENT YEAR: 2007 - 08 M/S TRIVENI KSHETRIYA GRAMIN BANK BANDA V. ASSTT . CIT - 6 KANPUR PAN: AAALT0714E (APP ELL ANT) (RESPONDENT) APP ELL ANT BY: RAJESH KUSHWAHA, C.A. RESPONDENT BY: SHRI. ALOK MITRA, D.R. DATE OF HEARING: 02 0 9 2014 DATE OF PRONOUNCEMENT: 10 0 9 2014 O R D E R PER SUNIL KUMAR YADAV: THIS APPEAL IS P REFERRED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A) 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 APPEAL, THE LD. COUNSEL FOR THE ASSESSEE HAS INVITED OUR ATTENTION THAT THE ASSESSEE GOT ITS ACCOUNT AUDITED FROM AUDITOR AND FILED PHOTOCOPY OF THE REPORT ALONG WITH THE RETURN OF INCOME. 3 . THE LD. D.R., ON THE OTHER HAND, HAS SUBMITTED THAT THE ASSESSEE HAS NOT FILED THE TAX AUDIT REPORT ALONG WITH THE RETURN OF INCOME. A SHOW CAUSE NOTICE WAS ISSUED TO THE ASSESSEE IN THIS REGARD AND IN RESPONSE THERETO ASSESSEE ENCLOSED THE PHOTOCOPY OF THE TAX AUDIT REPORT DATED 29.4.2007. THE ORIGINAL COPY OF THE TAX AUDIT REPORT WAS NOT PRODUCED FOR VERIF ICATION. THEREAFTER A LETTER DATED 17.5.2010 WAS WRITTEN TO THE TAX AUDITOR, M/S ONKAR TANDON & COMPANY, CHA RTE RED ACCOUNTANTS, KANPUR REQUIRING THEM A COPY OF THE TAX AUDIT REPORT AUDITED BY THEIR COMPANY. IN PRINT TO PDF WITHOUT THIS MESSAGE BY PURCHASING NOVAPDF ( HTTP://WWW.NOVAPDF.COM/ ) : - 2 - : RESPONSE THERETO, M/S ONKAR TANDON & COMPANY FILED A REPLY DATED 28.5.2010 STATING THEREIN THAT THEY HAVE NOT AUDITED THE ACCOUNTS OF THE ASSESSEE AND NOT ISSUED ANY CERTIFICATE IN FORM NO.3CA AND 3 CD. IN THE ABSENCE OF THE AUDIT REPORT, THE ASSESSING OFFICER LEVIED A PENALTY OF RS.1 LAKH UNDER SEC TION 271B OF THE ACT. 4 . THE ASSESSEE PREFERRED AN APPEAL BEFORE THE LD. CIT(A), BUT COULD NOT PRODUCE THE ORIGINAL AUDIT REPORT BEFORE THE LD. CIT(A) AND HE CONFIRMED THE PENALTY. 5 . NOW THE ASSESSEE HAS PREFERRED AN APPEAL BEFORE THE TRIBUNAL AND DURING THE CO URSE OF HEARING, A SPECIFIC QUERY WAS RAISED FROM THE LD. COUNSEL FOR THE ASSESSEE TO FURNISH THE ORIGINAL TAX AUDIT REPORT. IN RESPONSE THERETO, IT WAS AGAIN SUBMITTED THAT THE ORIGINAL REPORT IS NOT AVAILABLE , BUT HE CAN FURNISH THE PHOTOCOPY OF THE SAM E. WHEN THE LD. COUNSEL FOR THE ASSESSEE WAS CONFRONTED THAT THE AUDITOR HAS DENIED AUDITING OF THE ASSESSEE BANK AND ALSO ISSUANCE OF CERTIFICATE IN FORM NO.3CA AND 3CD, THE LD. COUNSEL FOR THE ASSESSEE COULD NOT MAKE ANY FURTHER COMMENT IN THIS REGARD. IN THE ABSENCE OF THE ORIGINAL AUDIT REPORT FOR VERIFICATION AND ALSO IN THE LIGHT OF THE LETTER OF THE TAX AUDITOR THAT THEY HAVE NOT AUDITED THE ACCOUNTS OF THE ASSESSEE AND NOT ISSUED ANY CERTIFICATE, PENALTY UNDER SECTION 271B OF THE ACT IS LEVIABLE A ND WE, THEREFORE, FIND NO INFIRMITY IN THE ORDER OF THE LD. CIT(A) CONFIRMING THE PENALTY. ACCORDINGLY, WE CONFIRM THE SAME. 6 . IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. 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 ADAV ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 10 TH SEPTEMBER , 2014 JJ: 0209 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/ )