SRIRAM LAKSHMANAN, MUMBAI V. ITO 26(2)(1), MUMBAI

ITA 5164/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 1283 (ITAT-MUMBAI)
• Duration Of Justice: 9 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-06-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2003-2004
• Appeal Filed On: 10-09-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V BATRA
• Assessee Lawyers: RAVI R MULCHANDANI
• Keywords: Revised return
• Section: 148

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH: MUMBAI BEFORE SHRI R S SYAL, ACCOUNTANT MEMBER AND SHRI V D RAO, JUDICIAL MEMBER ITA NOS 5164, 5165 AND 5166/MUM/2009 (ASSESSMENT YEARS: 2003-04, 2002-03 AND 2004-05) SRIRAM LAKSHMANAN, 101, BLDG NO.13, FLOWER VALLEY KHOPAT, THANE (W) -400 601 PAN: AALPL 7160 M VS INCOME TAX OFFICER -26(2)(1), K G MITTAL AYURVEDIC HOSPITAL BLDG, CHARANI ROAD, MUMBAI -400 002 APPELLANT RESPONDENT APPELLANT BY: MR RAVI R MULCHANDANI RESPONDENT BY: MR V BATRA ORDER PER BENCH THESE THREE APPEALS BY THE ASSESSEE RELATING TO AS SESSMENT YEARS 2003- 04, 2002-03 AND 2004-05 ARE DIRECTED AGAINST THE OR DERS PASSED BY CIT (A) ON 15.6.2009 UPHOLDING THE PENALTY IMPOSED U/S 271( 1)(C) OF THE ACT BY THE ASSESSING OFFICER. 2. BRIEFLY STATED, THE FACTS OF THE CASE ARE THAT T HE ASSESSEE IS AN EMPLOYEE OF BHARAT PETROLEUM CORPORATION LTD (BPCL). AFTER VERIFICATION OF RETURN IN CASE OF OTHER BPCL EMPLOYEES, IT WAS FOUND THAT THE ASSESSEE HAD NOT DISCLOSED THE LEASE RENT AND REIMBURSEMENT OF MAINT ENANCE CHARGES RECEIVED DURING THE YEARS. SUCH PRACTICE WAS FOUND BY ASSES SING OFFICER TO HAVE BEEN ADOPTED BY SEVERAL EMPLOYEES OF BPCL. THESE EMPLOY EES CLAIMED INTEREST ON LOAN TAKEN FOR ACQUISITION OF HOUSE PROPERTY TREATI NG THE RENTED (LEASE PROPERTY) AS SELF-OCCUPIED PROPERTY RESULTING INTO REFUND OF INCOME-TAX. ITAS 5164, 5165 AND 5166/MUM/2009 SRIRAM LAKSHMANAN 2 INFORMATION WAS CALLED FROM BPCL. NOTICE U/S 148 W ERE ISSUED. THE ASSESSEE FILED A REVISED RETURN. THE ASSESSMENT WERE FRAMED ACCORDINGLY AND PENALTY IMPOSED U/S 271(1)(C). THE LEARNED CIT (A) ECHOED THE PENALTY ORDERS PASSED BY THE ASSESSING OFFICER. 3. AFTER CONSIDERING THE RIVAL SUBMISSIONS AND PERU SING THE RELEVANT MATERIAL ON RECORD WE FIND THAT IN THE CASE ANOTHER EMPLOYEE OF BPCL, SIMILAR ISSUE CAME UP BEFORE THE MUMBAI BENCH OF THE TRIBUN AL IN SHRI DATTANAND B KAMBLI VS ITO IN ITA NOS.5161, 5162 & 5163/MUM/2003 FOR AYS 2004-05, 2003-04 & 2002-03. IN THIS CASE THE TRIBUNAL, VIDE ITS ORDER DATED 14.5.2010, DIRECTED FOR DELETION OF PENALTY. A COPY OF THE SA ID ORDER WAS PLACED BY LEARNED AUTHORISED REPRESENTATIVE ON RECORD. IT WA S FAIRLY CONCEDED BY THE LEARNED DEPARTMENTAL REPRESENTATIVE THAT THE FACTS AND CIRCUMSTANCES OF THE PRESENT APPEALS WERE SIMILAR TO THOSE ALREADY CONS IDERED BY THE TRIBUNAL IN THE AFORE-NOTED ORDER. RESPECTFULLY FOLLOWING THE PRECEDENT, WE ORDER FOR THE DELETION OF THE PENALTY IN ALL THE THREE YEARS. 4. IN THE RESULT, ALL THE APPEALS ARE ALLOWED. PRONOUNCED IN THE OPEN COURT TODAY ON THE 25TH DAY OF JUNE 2010. SD/- (V D RAO) JUDICIAL MEMBER SD/- (R S SYAL) ACCOUNTANT MEMBER MUMBAI, DATE: 25TH JUNE 2010 ITAS 5164, 5165 AND 5166/MUM/2009 SRIRAM LAKSHMANAN 3 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A) -XXVI, MUMBAI. 4) THE CIT-CITY 16, MUMBAI. 5) THE D.R. E BENCH, ITAT, MUMBAI. BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR CHAVAN* I.T.A.T., MUMBAI ITAS 5164, 5165 AND 5166/MUM/2009 SRIRAM LAKSHMANAN 4 SR.N. EPISODE OF AN ORDER DATE INITIALS CONCERNED 1 DRAFT DICTATED ON 21.05.2010 SR.PS 2 DRAFT PLACED BEFORE AUTHOR 21.05.2010 SR.PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5 APPROVED DRAFT COMES TO THE SR.PS SR.PS 6 KEPT FOR PRONOUNCEMENT ON SR.PS 7 FILE SENT TO THE BENCH CLERK SR.PS 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER *