Aum Jewels , New Delhi V. ITO, Ward- 30(4), New Delhi

ITA 5468/DEL/2018

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5475 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-09-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 21-08-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MANOJ GARG
• Keywords: Opportunity of being heard

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI A BEN CH, NEW DELHI (THROUGH VIDEO CONFERENCING] BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER, AND SHRI SUDHANSHU SRIVASTAVA, JUDI CIAL MEMBER ITA NO. 5465/DEL/2018 [A.Y 2011-12] ITA NO. 5466/DEL/2018 [A.Y 2012-13] ITA NO. 5467/DEL/2018 [A.Y 2013-14] ITA NO. 5468/DEL/2018 [A.Y 2014-15] ITA NO. 5469/DEL/2018 [A.Y 2015-16] ITA NO. 5470/DEL/2018 [A.Y 2016-17] M/S AUM JEWELS VS. THE I.T.O D-1046, 3 RD FLOOR WARD - 30(4) NEW FRIENDS COLONY NEW DELHI NEW DELHI PAN : AABFU1372 L [APPELLANT] [RESPONDENT] DATE OF HEARING : 20.09.2021 DATE OF PRONOUNCEMENT : 21.09.2021 ASSESSEE BY : SHRI MANOJ GARG, C.A. REVENUE BY : SHRI BHOPAL SINGH, SR. DR ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER, THE ABOVE CAPTIONED SIX SEPARATE APPEALS BY THE ASS ESSEE ARE PREFERRED AGAINST SIX SEPARATE ORDERS OF THE COMMIS SIONER OF INCOME TAX [APPEALS] - 10, NEW DELHI DATED 18.06.2018 PERT AINING TO ASSESSMENT YEARS 2011-12 TO 2016-17. 2 2. SINCE IN THE CAPTIONED APPEALS BEFORE US THE GRI EVANCE OF THE ASSESSEE IS COMMON, THEREFORE, ALL THESE APPEALS WE RE HEARD TOGETHER AND ARE DISPOSED OFF BY THIS COMMON ORDER FOR THE S AKE OF CONVENIENCE AND BREVITY. 3. THE COMMON GRIEVANCE IN ALL THE SIX CAPTIONED AP PEALS RELATES TO THE LEVY OF PENALTY U/S 271A OF THE INCOME-TAX ACT, 1961 [HEREINAFTER REFERRED TO AS 'THE ACT' FOR SHORT]. 4. BRIEFLY STATED, THE FACTS OF THE CASE ARE THAT S URVEY OPERATION WAS CONDUCTED AT THE BUSINESS PREMISES OF THE APPEL LANT ON 18.08.2017. DURING THE COURSE OF SURVEY OPERATION, SURVEY PARTY FOUND THAT THE BOOKS OF ACCOUNT WERE NOT MAINTAINED BY TH E ASSESSEE AND THE PARTNERS, IN THEIR STATEMENTS ACCEPTED THAT THE BOO KS OF ACCOUNT WERE NOT MAINTAINED. THE ASSESSING OFFICER, ACCORDINGLY , PROCEEDED BY INVOKING THE PROVISIONS OF SECTION 271A OF THE ACT AND LEVIED PENALTY OF RS. 25,000/- FOR EACH ASSESSMENT YEAR UNDER CONSIDE RATION. 5. THE ASSESSEE CARRIED THE MATTER BEFORE THE LD. C IT(A) BUT WITHOUT ANY SUCCESS. 3 6. A PERUSAL OF THE DOCUMENTS FURNISHED BEFORE US S HOWS THAT THERE ARE CONFLICTING FACTS EMANATING FROM THE ORDERS OF THE AUTHORITIES BELOW QUA THE DOCUMENTARY EVIDENCES IN THE PAPER BO OK. IN THE PAPER BOOK, WE FIND THAT THE ASSESSEE HAS FURNISHED AUDIT ED STATEMENT OF ACCOUNTS FOR THE CAPTIONED ASSESSMENT YEARS AND THE AUDITORS REPORT AT CLAUSE (B) STATES IN OUR OPINION, THE HEAD OFFI CE AND BRANCHES OF THE ASSESSEE HAVE KEPT PROPER BOOKS OF ACCOUNT SO F AR, AS APPEARS FROM EXAMINATION OF THE BOOKS. 7. WE FIND TAX AUDIT REPORT IN FORM NO. 3CD IN ALL THE ASSESSMENT YEARS UNDER CONSIDERATION. IN OUR CONSIDERED OPINI ON, AUDIT REPORT AND AUDITED STATEMENT OF ACCOUNTS ARE THE OUTCOME O F BOOKS OF ACCOUNT MAINTAINED BY AN ASSESSEE. IF THESE DOCUME NTS ARE AVAILABLE, THEN IT CAN BE SAFELY PRESUMED THAT THE ASSESSEE MU ST HAVE MAINTAINED PROPER BOOKS OF ACCOUNT, WHICH WOULD ENABLE THE AUD ITORS TO FURNISH AUDIT REPORT. 8. WITH THESE CONFLICTING FACTS, IT WOULD BE PROPER AND JUST TO RESTORE THE QUARREL TO THE FILES OF THE ASSESSING O FFICER. THE ASSESSEE IS DIRECTED TO SATISFY THE ASSESSING OFFICER THAT P ROPER BOOKS OF ACCOUNT WERE MAINTAINED, WHICH WERE BASIS OF AUDIT REPORT A ND AUDITED 4 STATEMENT OF ACCOUNT. THE ASSESSING OFFICER IS DIR ECTED TO EXAMINE THE SAME AND DECIDE THE ISSUE AFRESH AFTER GIVING R EASONABLE AND SUFFICIENT OPPORTUNITY OF BEING HEARD TO THE ASSESS EE. 9. IN THE RESULT, ALL THE SIX CAPTIONED APPEALS OF THE ASSESSEE IN ITA NOS. 5465 TO 5470/DEL/2018 ARE ALLOWED FOR STATISTI CAL PURPOSES. 12. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 21.09. 2021. SD/- SD/- [SUDHANSHU SRIVASTAVA ] [N.K. BILLAIYA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 21 ST SEPTEMBER, 2021 VL/ COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI 5 DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.PS/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER