JUGAL KISHORE DANGAYACH, Jaipur V. ITO, Jaipur

ITA 511/JPR/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 5588 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 5 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-01-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 15-07-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PURSHOTTAM KASHYAP CIT DR DHK

Judgement Text

ITA NO.511/JP/2014 SHRI JUGAL KISHORE DANGAYACH VS. ITO, WARD- 4 (1), JAI PUR 1 VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, JAIPUR JH VKJ-IH-RKSYKUH] U;KF;D LNL; ,OA JH FOE FLAG ;KN O] YS[KK LNL; DS LE{K BEFORE:SHRI R.P.TOLANI, JM & SHRI VIKRAM SINGH YADA V, AM VK;DJ VIHY LA-@ ITA NO. 511/JP/2014 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2008-09 SHRI JUGAL KISHORE DANGAYACH P/OMS TIRUPATI INDUSTRIES BARAHJI KI GALI, GANGORI BAZAR, JAIPUR CUKE VS. THE ITO WARD- 4(1) JAIPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: ACGPD 1248 K VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY: SHRI P.C. PARWAL, CA JKTLO DH VKSJ LS@ REVENUE BY:SHRI PURSHOTTAM KASHYAP , ADDL. CIT- DR LQUOKBZ DH RKJH[K@ DATE OF HEARING : 10/11/2015 ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 13/01/2016 VKNS'K@ ORDER PER R.P. TOLANI, JM THE ASSESSEE HAS FILED AN APPEAL AGAINST THE ORDER OF THE LD. CIT(A)-II, JAIPUR DATED 30-06-2014 FOR THE ASSESSMENT YEAR 200 8-09 RAISING THEREIN SOLITARY GROUND AS UNDER:- 1. THE LD. CIT(A) HAS ERRED ON FACTS AND IN CONFIRMING THE LEVY OF PENALTY OF RS. 74,778/- U/S 271(1)( C ) OF THE ACT. 2.1 DURING THE COURSE OF HEARING, THE LD. COUNSEL F OR THE ASSESSEE CONTENDS THAT PENALTY PROCEEDINGS ARE DISTINCT AND SEPARATE FROM ASSESSMENT ITA NO.511/JP/2014 SHRI JUGAL KISHORE DANGAYACH VS. ITO, WARD- 4 (1), JAI PUR 2 PROCEEDINGS. PENALTY PROCEEDING HAS BEEN IMPOSED QU A ADDITION OF RS. 2.20 LACS IN ASSESSMENT YEAR 2008-09. THE ASSESSEE DID N OT INCLUDE THIS AMOUNT FOR THIS YEAR. CONSEQUENT TO SURVEY IN THE ASSESSEE PREMISES ON 7-08-2007, THE AMOUNT WAS RECEIVED IN ASSESSMENT YEAR 2004-05. THE AO HOWEVER, INSISTED TO DISCLOSE THE AMOUNT FOR SURRENDER TO BU Y PEACE. THE ASSESSEE OFFERED THE SAME IN ASSESSMENT YEAR 2008-09. THE AO IMPOSED PENALTY QUA THIS AMOUNT IGNORING THE ASSESSEE'S PLEA THAT THIS AMOUNT WAS NOT TAXABLE IN THIS YEAR IN ACCORDANCE WITH LAW MERELY BECAUSE THE ASSESSEE HAD SURRENDERED THE AMOUNT IN THIS YEAR AND THE SAME CA NNOT BE MADE AS LIABLE FOR IMPOSITION OF PENALTY. IT HAS NOT BEEN DISPUTED THAT THE AMOUNT ACTUALLY BELONGED TO ASSESSMENT YEAR 2004-05. 2.2 THE LD. DR RELIED ON THE LOWER AUTHORITIES. 2.3 WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIALS AVAILABLE ON RECORD. WE FIND MERIT IN THE CONTENTIO NS OF THE ASSESSEE. THE HON'BLE SUPREME COURT IN THE CASE OF HINDUSTAN STEE L CORPN. V STATE OF ORISSA 83 ITR 26 (SC) HELD THAT PENALTY SHOULD NOT BE IMPOSED MERELY BECAUSE IT IS LAWFUL TO DO SO. THE ASSESSEE HAS CLA IMED THAT THE AMOUNT IN QUESTION WAS RECEIVED IN ASSESSMENT YEAR 2004-05. I N VIEW OF THESE FACTS, THE ASSESSEE HAD SURRENDERED THE AMOUNT LIABLE TO B E TAXED FOR THE ASSESSMENT YEAR 2004-05 AND OFFERED IT IN 2008-09. THE SAME CANNOT BE THE ITA NO.511/JP/2014 SHRI JUGAL KISHORE DANGAYACH VS. ITO, WARD- 4 (1), JAI PUR 3 SUBJECT MATTER OF PENALTY U/S 271(1) (C) OF THE ACT . IN VIEW THEREOF, THE IMPUGNED PENALTY IS DELETED. THUS THE APPEAL OF THE ASSESSEE IS ALLOWED. 3.0 IN THE RESULT, THE APPEAL OF THE ASSESSEE IS AL LOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 13 /01/20 16. SD/- SD/- FOE FLAG ;KNO VKJ-IH-RKSYKUH (VIKRAM SINGH YADAV) (R.P.TOLANI) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER FNUKAD@ DATED:- 13 /01/ 2016 *MISHRA VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- SHRI JUGAL KISHRE DANGAYACH, JAIPU R 2. IZR;FKHZ@ THE RESPONDENT- THE ITO, WARD- 4 (1), JAIPUR 3. VK;DJ VK;QDRVIHY@ CIT(A). 4. VK;DJ VK;QDR@ CIT, 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR 6. XKMZ QKBZY@ GUARD FILE (ITA NO.511/JP/2014) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR ITA NO.511/JP/2014 SHRI JUGAL KISHORE DANGAYACH VS. ITO, WARD- 4 (1), JAI PUR 4 ITA NO.511/JP/2014 SHRI JUGAL KISHORE DANGAYACH VS. ITO, WARD- 4 (1), JAI PUR 5