Mohinder Singh, Kharar V. ITO, W-6(5), Mohali

ITA 493/CHANDI/2018

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 6524 (ITAT-CHANDIGARH)
• Duration Of Justice: 1 year(s) 3 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-08-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 19-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANJIT SINGH CIT DR
• Assessee Lawyers: MRS SHRUTI KHANDELWAL
• Section: 271(1)(c)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BEN CH B, CHANDIGARH .., ! '# #$ %, & '( BEFORE: SHRI. N.K.SAINI, VP & SHRI , SANJAY GARG, JM ITA NO. 493/CHD/2018 ASSESSMENT YEAR : 2011-12 SHRI MOHINDER SINGH S/O AMRIK SINGH VILLAGE SAHAURAN, KHARAR MOHALI, PUNJAB THE ITO WARD-6(5) MOHALI, PUNJAB PAN NO: BLEPS118P APPELLANT RESPONDENT !' ASSESSEE BY : MRS. SHRUTI KHANDELWAL, ADVOCATE #!' REVENUE BY : SHRI. MANJIT SINGH, CIT DR $ %! & DATE OF HEARING : 01/08/2019 '()*! & DATE OF PRONOUNCEMENT : 01/08/2019 ')/ ORDER PER N.K. SAINI, VICE PRESIDENT THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDER DT. 17/01/2018 OF LD. CIT(A)-2, CHANDIGARH. 2. THE ONLY ISSUE INVOLVED IN THIS APPEAL RELATES T O THE SUSTENANCE OF PENALTY AMOUNTING TO RS. 14,21,842/- UNDER SECTION 271(1)(C ) OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS ACT) BY PASSING AN EX -PARTE ORDER DT. 17/01/2018. 3. DURING THE COURSE OF HEARING, IT WAS THE COMMON CONTENTION OF BOTH THE PARTIES THAT THE ISSUE RELATING TO THE QUANTUM ADDI TION ON THE BASIS OF WHICH THE IMPUGNED PENALTY UNDER SECTION 271(1)(C) OF THE ACT WAS LEVIED BY THE A.O., HAS BEEN RESTORED TO THE FILE OF THE A.O. BY THIS B ENCH OF ITAT IN ITA NO. 34/CHD/2018 VIDE ORDER DT. 07/05/2019 (COPY OF THE ORDER WAS FURNISHED WHICH IS PLACED ON RECORD). THEREFORE THIS ISSUE RELATING TO THE LEVY OF PENALTY UNDER SECTION 271(1)(C) OF THE ACT MAY ALSO BE RESTORED T O THE FILE OF THE A.O. 2 4. AFTER CONSIDERING THE COMMON CONTENTION OF BOTH THE PARTIES AND THE MATERIAL AVAILABLE ON THE RECORD, THIS ISSUE IS RES TORED TO THE FILE OF THE A.O. TO BE ADJUDICATED BY KEEPING IN VIEW THE OUTCOME OF THE I SSUE RELATING TO THE QUANTUM ADDITION WHICH HAS BEEN RESTORED VIDE AFORE SAID REFERRED TO ORDER DT. 07/05/2019. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. (ORDER PRONOUNCED IN THE OPEN COURT ON 01/08/2019 ) SD/- SD/- #$ % .., (SANJAY GARG ) ( N.K. SAI NI) & '(/ JUDICIAL MEMBER ! / VICE PRESIDENT AG DATE: 01/08/2019 (+! ,-.- COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. $ / CIT 4. $ / 01 THE CIT(A) 5. -2 45&456789 DR, ITAT, CHANDIGARH 6. 8:% GUARD FILE (+ $ BY ORDER, ; # ASSISTANT REGISTRAR