Vijay Cement And Allied Products, Nashik V. CIT, (A)-II, Nashik, Nashik

ITA 520/PUN/2011

• Counselvise Citation: [2012] 119 COUNSELVISE.COM (IT) 9895 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 6 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-10-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 1993-1994
• Appeal Filed On: 25-04-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K SINGH; VINITA MENON

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, PUNE BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER ITA NO.520/PN/2011 (ASSESSMENT YEAR 1993-94) VIJAY CEMENT PIPE AND ALLIED PRODUCTS, GIRIDHARWADI, GANGAPUR ROAD, NASHIK. PAN NO. 40-001-FT-2316 .. APPELLANT VS. COMMISSIONER OF INCOME TAX (APPEAL)-II, NASHIK. .. RESPONDENT ASSESSEE BY : NONE DEPARTMENT BY : SRI S.K. SINGH & SMT. VINITA MEN ON DATE OF HEARING : 25 -10-2012 DATE OF PRONOUNCEMENT : 25 -10-2012 ORDER PER R.K. PANDA, AM : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 10-02- 2011 OF THE CIT(A)-II, NASHIK RELATING TO ASSESSMEN T YEAR 1993-94. THE ASSESSEE IN THE GROUNDS OF APPEAL HAS CHALLENGED THE ORDER O F CIT(A) IN CONFIRMING THE PENALTY OF RS.20,580/- LEVIED BY THE AO U/S.271(1)( C) OF THE INCOME TAX ACT. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE AT THE T IME OF HEARING OF THE CASE. THEREFORE, THE APPEAL IS BEING DECIDED ON THE BASIS OF MATERIAL AVAILABLE ON RECORD AND AFTER HEARING THE LEARNED DR. 3. FACTS OF THE CASE, IN BRIEF, ARE THAT THE ASSESS EE FIRM IS A MANUFACTURER OF CEMENT PRODUCTS, PIPES ETC. WHILE COMPLETING THE A SSESSMENT U/S.143(3) THE AO HAD MADE VARIOUS ADDITIONS WHICH INCLUDE DIFFERENCE IN ACCOUNTS OF M/S. JYOTI CONSTRUCTION RS.2,292/-, COMMISSION DISALLOWED RS.1 0,211/-, ADDITION ON ACCOUNT OF STOCK RS. 21,800/- AND ON ACCOUNT OF PERSONAL EX PENSES RS.5,000/-. THE AO THEREAFTER INITIATED PENALTY PROCEEDINGS U/S.271(1) (C) OF THE INCOME TAX ACT. REJECTING THE EXPLANATION GIVEN BY THE ASSESSEE, TH E AO LEVIED PENALTY OF 2 RS.20,580/- BEING 150% OF THE TAX SOUGHT TO BE EVAD ED. IN ABSENCE OF ANY APPEARANCE BEFORE HIM THE LEARNED CIT(A) DISMISSED THE APPEAL ON THE GROUND THAT DESPITE FIXING OF THE CASE FOR MORE THAN 15 TIMES T HE ASSESSEE DID NOT APPEAR AND SOUGHT ADJOURNMENT FOR ONE REASON OR ANOTHER WHICH SHOWS THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL. HE ACCORDING LY UPHELD THE PENALTY LEVIED BY THE AO AND DISMISSED THE APPEAL FILED BY THE ASSESS EE. AGGRIEVED WITH SUCH ORDER OF THE CIT(A) THE ASSESSEE IS IN APPEAL BEFORE THE TRIBUNAL. 4. AFTER HEARING THE LEARNED DR AND ON PERUSAL OF T HE ORDERS OF THE AO AND THE LEARNED CIT(A) I FIND THE PENALTY HAS BEEN LEVIED B Y THE AO U/S.271(1)(C) ON ACCOUNT OF VARIOUS ADDITIONS MADE IN THE ASSESSMENT . THE ASSESSEE HAD MADE SUBMISSIONS BEFORE THE AO DURING THE PENALTY PROCE EDINGS WHICH WAS NOT ACCEPTED BY THE AO WHO LEVIED PENALTY OF RS.20,580/ - BEING 150% OF THE TAX SOUGHT TO BE EVADED. I FIND THE LEARNED CIT(A) WIT HOUT DECIDING THE APPEAL ON MERIT HAS DISMISSED THE APPEAL ON ACCOUNT OF NON-AP PEARANCE BY THE ASSESSEE. UNDER THESE CIRCUMSTANCES AND IN THE INTEREST OF JU STICE, I DEEM IT PROPER TO RESTORE THE ISSUE TO THE FILE OF THE LD.CIT(A) WITH THE DIR ECTION TO DECIDE THE APPEAL ON MERIT AFTER GIVING ONE MORE OPPORTUNITY TO THE ASSE SSEE TO ARGUE HIS CASE. I HOLD AND DIRECT ACCORDINGLY. THE GROUNDS RAISED BY THE ASSESSEE ARE ACCORDINGLY ALLOWED FOR STATISTICAL PURPOSES. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF, I.E. ON 25-10-2012 SD/- (R.K. PANDA) ACCOUNTANT MEMBER PUNE DATED: THE 25 TH OCTOBER 2012 SATISH 3 COPY OF THE ORDER FORWARDED TO : 1. ASSESSEE 2. DEPARTMENT 3. CIT(A)-II, NASHIK 4. THE D.R, SMC BENCH, PUNE 5. GUARD FILE BY ORDER // TRUE COPY // SENIOR PRIVATE SECRETARY ITAT, PUNE BENCHES, PUNE