Shivaji Bhausaheb Bankar, Aurangabad V. Income-tax Officer, Ward - 1(2), Aurangabad

ITA 496/PUN/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 8313 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 3 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-07-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2005-2006
• Appeal Filed On: 28-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Sale consideration of property below Jantri Value
• Section: 271(1)(c); 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER ITA No.496/PUN/2019 निर्धारण वषा / Assessment Year : 2005-06 Shivaji Bhausaheb Bankar Ambelohal, Tal. Gangapur, Dist. Aurangabad PAN : AHYPB2650C Vs. ITO, Ward 1(2), Aurangabad Appellant Respondent आदेश / ORDER PER S.S. GODARA, JM : This assessee‟s appeal for AY 2005-06 arises against the CIT(A), Aurangabad‟s order dated 28-08-2013 passed in case No. ABD/CIT(A)/106/2008-09 in proceedings under Section 271(1)(c) of the Income Tax Act, 1961, in short „the Act‟. Heard both the parties. Case file perused. 2. We note at the outset that the assessee‟s instant penalty appeal suffers from 1979 days delay in filing, which has been Assessee by Shri Shubhada Koppa Revenue by Shri M.G. Jasnani Date of hearing 06-07-2022 Date of pronouncement 12-07-2022 ITA No.496/PUN/2019 Shivaji Bhausaheb Bankar 2 stated to be attributable to various details reasons of lack of communication and intimation at various levels as well as completion of section 144 ex-parte assessment. 3. We note in this factual background that the assessee had filed his quantum appeal before this Tribunal ITA No.497/PUN/2019 against the CIT(A)-2, Aurangabad‟s order dated 28.08.2013, wherein the learned co-ordinate bench has not only condoned the corresponding identical delay but also restored the quantum issue(s) back to the assessing authority. Learned departmental representative could hardly pinpoint any distinction qua the reasons of condonation in both these appeals which already stands accepted in assessee‟s former case. Faced with this situation, we are of the opinion that the assessee‟s instant consequential penalty appeal also deserves to followed the suit in very terms. We accordingly, condone the impugned delay of 1979 days as neither intentional nor deliberate, but on account of reasons beyond assessee‟s control and leave it open for the learned assessing ITA No.496/PUN/2019 Shivaji Bhausaheb Bankar 3 authority to proceed afresh in the impugned penalty proceedings afresh as per law. Ordered accordingly. 4. This assessee‟s appeal is allowed for statistical purposes in above terms. Order pronounced in the Open Court on 12 th July, 2022. Sd/- Sd/- (DIPAK P. RIPOTE) (S.S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER प ु णे Pune; ददिधांक Dated : 12 th July, 2022 GCVSR आदेश की प्रतिलिपि अग्रेपिि/Copy of the Order is forwarded to: 1. अपीऱधर्थी / The Appellant; 2. प्रत्यर्थी / The Respondent; 3. The CIT(A), Aurangabad 4. 5. The CIT, Aurangabad विभागीय प्रविविवि, आयकर अपीलीय अविकरण, पुणे “B” / DR „B‟, ITAT, Pune 6. गार्ड फाईल / Guard file आदेशान ु सार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अविकरण ,पुणे / ITAT, Pune ITA No.496/PUN/2019 Shivaji Bhausaheb Bankar 4 Date 1. Draft dictated on 07-07-2022 Sr.PS 2. Draft placed before author 08-07-2022 Sr.PS 3. Draft proposed & placed before the second member JM 4. Draft discussed/approved by Second Member. JM 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order.