The ITO, 1(2), V. M/s Pramod Kumar Prakash chandra Sethi,

ITA 450/IND/2006

• Counselvise Citation: [2009] 115 COUNSELVISE.COM (IT) 1416 (ITAT-INDORE)
• Duration Of Justice: 3 year(s) 5 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-11-2009
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 19-11-2009
• Assessment Year: 1990-1991
• Appeal Filed On: 21-06-2006
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: APARNA KARAN
• Assessee Lawyers: P N DIXIT
• Section: 271(1)(c)

Judgement Text

PAGE 1 OF 2 -I.T.A.NO. 450/IND/2007 M/S. PRAMOD KUMAR PRAKSH CHAND SETHI, DEWAS IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH : INDORE BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI V.K. GUPTA, ACCOUNTANT MEMBER PAN NO. :AHMPS9460M I.T.A.NO. 450/IND/2006 A.Y. : 1990-91 INCOME-TAX OFFICER, M/S.PRAMOD KUMAR PRAKASH CHAND SETHI, 1(2), VS (PROP. SHRI PRAKASH CHAND SETHI), UJJAIN M. G. ROAD, SONKAUTH, DISTT. DIWAS APPELLANT RESPONDENT APPELLANT BY : SMT.APARNA KARAN, SR. DR RESPONDENT BY : SHRI P.N.DIXIT, ADV. DATE OF HEARING : 13/11/2009 O R D E R PER V.K. GUPTA, A.M. THIS APPEAL FILED BY THE REVENUE ARISES OUT OF ORDE R OF THE LD. CIT(A) DATED 29.03.2006, FOR THE ASSESSMENT YEAR 19 90-91. 2. WE HAVE HEARD BOTH THE PARTIES AND HAVE ALSO PERUSE D THE MATERIAL AVAILABLE ON RECORD. 3. IN THIS APPEAL, THE REVENUE IS AGGRIEVED BY THE DE CISION OF THE LD. CIT(A) IN SETTING ASIDE THE PENALTY LEVIED BY T HE ASSESSING OFFICER U/S 271(1)(C) OF THE INCOME-TAX ACT, 1961. PAGE 2 OF 2 -I.T.A.NO. 450/IND/2007 M/S. PRAMOD KUMAR PRAKSH CHAND SETHI, DEWAS 4. IT IS NOTED THAT THE PENALTY U/S 271(1)( C) OF THE INCOME-TAX ACT, 1961, AMOUNTING TO RS. 8,08,218/- IMPOSED ON VARIOU S ADDITIONS MADE BY THE ASSESSING OFFICER, WHICH HAS BEEN SUBSEQUENTLY RESTORED TO THE FILE OF A.O. BY THE ORDER OF THE TRIBUNAL DATED 24.8.2005. ON THIS BASIS, THE LD. CIT(A) HAS SET-ASIDE THE PENALTY PROCEEDINGS TO THE FILE OF A.O. AS NO BASIS EXISTED FOR LEVY OF SUCH PENALTY. BOTH THE PA RTIES AGREED THAT THIS APPEAL WAS INFRUCTUOUS AT THE MOMENT. ACCORDINGLY, WE DISMISS THIS APPEAL FILED BY THE REVENUE AS INFRUCTUOUS WITH THE LIBERTY TO THE A.O. TO RE-INITIATE PENALTY PROCEEDINGS, AS A CONSEQUENCE O F REFRAMING OF ASSESSMENT AS PER THE DIRECTION OF THE TRIBUNAL, IF NEED SO ARISES. THUS, THIS APPEAL FILED BY THE REVENUE IS DISMISSED. THIS ORDER HAS BEEN PRONOUNCED IN THE OPEN COURT ON 19 TH NOVEMBER, 2009. SD/- SD/- (JOGINDER SINGH) (V. K. GUPTA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 27 TH NOVEMBER, 2009. CPU* 1923D24