SHRI SURINDER ARJUN , AMRITSAR V. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, AMRITSAR

ITA 544/ASR/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 4962 (ITAT-AMRITSAR)
• Duration Of Justice: 6 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2005-2006
• Appeal Filed On: 09-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: PARVEEN JAIN
• Keywords: Set aside
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE SH. N. S. SAINI, ACCOUNTANT MEMBER AND SH. N. K. CHOUDHRY, JUDICIAL MEMBER ITA NO. 544/ASR./2018 : ASSTT. YEAR : 2005-06 SURINDER ARJUN, C/O S. S. ENTERPRISES, 1717, KUCHA CHAIJU MISRA, AMRITSAR VS DY. COMMISSIONER OF INCOME TAX, CIRCLE-I, AMRITSAR (APPELLANT) (RESPONDENT) PAN NO. AEDPA6739F ASSESSEE BY : SH. PARVEEN JAIN, ADV. REVENUE BY : SH. CHARAN D ASS, DR DATE OF HEARING : 14.05 .201 9 DATE OF PRONOUNCE MENT : 15 .05 .201 9 ORDER PER N. S. SAINI, ACCOUNTANT MEMBER: THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX(APPEALS)-1, AMRITSAR DATED 23.02.2017. 2. THE SOLE ISSUE INVOLVED IN THIS APPEAL IS THAT T HE COMMISSIONER OF INCOME TAX(APPEALS) ERRED IN CONFIR MING THE ORDER OF THE ASSESSING OFFICER IN LEVYING PENALTY U /S 271(1)(C) OF THE INCOME TAX ACT OF RS.9,53,773/- ON ACCOUNT O F CONCEALING THE TRUE NATURE OF INCOME AND FILING INA CCURATE PARTICULARS OF INCOME. 3. AT THE OUTSET, THE AUTHORIZED REPRESENTATIVE OF THE ASSESSEE FILED BEFORE US A COPY OF THE ORDER OF THI S BENCH OF THE TRIBUNAL IN THE CASE OF THE ASSESSEE ITSELF DAT ED ITA NO. 544/ ASR./2018 SURINDER ARJUN 2 16.03.2018 FOR ASSESSMENT YEAR 2005-06 IN ITA NO. 67/ASR./2015 AND SUBMITTED THAT THE ADDITION OF LOA N OF RS.22,00,000/- WAS DELETED BY THE TRIBUNAL. THEREFO RE, AS THE BASIS FOR THE LEVY OF PENALTY HAS GONE, THE PENALTY LEVIED DOES NOT SURVIVE AND HENCE SHOULD BE DELETED. 4. THE DEPARTMENTAL REPRESENTATIVE COULD NOT CONTRO VERT THE SUBMISSIONS OF THE AUTHORIZED REPRESENTATIVE OF THE ASSESSEE. 5. IN THE ABOVE FACTS AND CIRCUMSTANCES OF THE CASE , AS THE VERY BASIS FOR THE LEVY OF PENALTY OF RS.9,53,773/- U/S 271(1)(C) OF THE ACT DOES NOT SURVIVE AFTER DELETIO N OF ADDITION BY THE TRIBUNAL, THE PENALTY LEVIED ALSO DOES NOT S URVIVE. HENCE, WE SET ASIDE THE ORDER OF THE LOWER AUTHORIT IES AND DELETE THE LEVY OF PENALTY OF RS.9,53,773/- U/S 271 (1)(C) OF THE ACT AND ALLOW THE APPEAL OF THE ASSESSEE. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. (ORDER PRONOUNCED IN THE COURT ON 15 TH DAY OF MAY 2019 AT AMRITSAR) SD/- SD/- (N. K. CHOUDHRY) (N. S. SAINI) JUDICIAL MEMBER ACCOUN TANT MEMBER DATED: 15/05/2019 *SUBODH* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR