M/s Osho Home Appliances, Baddi V. CIT(A), Shimla

ITA 528/CHANDI/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1228 (ITAT-CHANDIGARH)
• Duration Of Justice: 4 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-09-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2004-2005
• Appeal Filed On: 25-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: YOGINDER MITTALADDL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCHES SMD, CHANDIGARH BEFORE MS. DIVA SINGH, JUDICIAL MEMBER AND DR. B.R.R.KUMAR, ACCOUNTANT MEMBER ITA NO. 528/CHD/2018 ASSESSMENT YEAR: 2004-05 M/S OSHO HOME APPLIANCES, VS THE CIT (APPEALS), H.NO. 1526, SECTION 18D, SOLAN, CHANDIGARH. SHIMLA. PAN : AADFY9591L (A PPELLANT) (RESPONDENT) APPELLANT BY : SHRI MANOJ KUMAR RESPONDENT BY : SHRI YOGINDER MITTAL,ADDL. CIT DATE OF HEARING : 12.07.2018 DATE OF PRONOUNCEMENT : 04.09.2018 ORDER PER DIVA SINGH THE PRESENT APPEAL FILED BY THE ASSESSEE ASSAILING THE C ORRECTNESS OF THE ORDERS 20.02.2018 OF CIT(A) SHIMLA PERTAINING TO 2004-05 ASSESSMENT YEAR WHEREIN THE CORRECTNESS OF THE PENALTY IMPOSED BY THE AO U/S 271(1)(C) OF THE ACT HAS BEEN UPHELD BY THE CIT(A) IN THE PR ESENT PROCEEDINGS IS ASSAILED ON MULTIPLE GROUNDS. 2. HOWEVER, AT THE TIME OF HEARING, LD. AR INVITED ATTENTION TO THE QUANTUM ORDER PASSED BY THE ITAT IN THE CASE OF THE A SSESSEE FOR THE YEAR UNDER CONSIDERATION DATED 11.05.2018 WHEREIN THE ADDITIONS MADE BY THE AO IN THE QUANTUM PROCEEDINGS WERE SET ASIDE TO THE FILE OF THE CIT(A) IN ITA 190/CHD/2018. COPY OF THE SAID ORDER WAS FILED. IN V IEW OF THESE FACTS, HIS SUBMISSION THAT SINCE THE PENALTY PROCEEDINGS AR E DEPENDANT UPON THE ADDITIONS SUSTAINED IN THE QUANTUM, SAID ISSUE MA Y ALSO BE RESTORED BACK TO THE FILE OF THE CIT(A). THE SAID PRAYER O F THE ASSESSEE WAS NOT OPPOSED IN THE PECULIAR FACTS BY THE LD. SR.DR. 3. IN THE LIGHT OF THE SUBMISSIONS OF THE PARTIES BEFORE TH E BENCH, IN THE FACTS AS HAVE BEEN SET OUT HEREIN ABOVE, WE FIND THA T IT IS APPROPRIATE IN THE CIRCUMSTANCES TO RESTORE THE ISSUE BACK TO THE FILE OF THE CIT(A) TO DECIDE THE PENALTY APPEAL AFTER THE DECISION IN THE QUANT UM PROCEEDINGS IS MADE AVAILABLE TO THE ASSESSEE. IN CASE ANY ADVERSE VIEW HAS BEEN TAKEN ITA 528/CHD/2018 A.Y. 2004-05 PAGE 2 OF 2 IN THE QUANTUM PROCEEDINGS, THE PENALTY PROCEEDINGS BE D ECIDED AFTER GIVING THE ASSESSEE A REASONABLE TIME TO ADDRESS THE ISS UES WHICH MAY DEVOLVE FOR CONSIDERATION IN THE PENALTY PROCEEDINGS. SAID ORDER WAS PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 04.09. 2018. SD/- SD/- ( DR.B.R.R.KUMAR) ( DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER POONAM COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR ASSTT. REGISTRAR ITAT,CHANDIGARH.