Appeal details
Counselvise Citation
54720514 RSA 2011
Assessee PAN
Bench
Appeal Number
Duration Of Justice
10 month(s) 26 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
19-01-2012
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
D
Next Hearing Date
30-12-2011
Assessment Year
2006-2007
Appeal Filed On
23-02-2011
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL, D BENCH, AHMEDABAD BEFORE SHRI G. C. GUPTA, HONBLE VICE PRESIDENT AND SHRI B.P.JAIN, ACCOUNTANT MEMBER I.T.A. NO. 547/ AHD/2011 (ASSESSMENT YEAR 2006-07) SMT. REKHABEN HASMUKHLAL JARIWALA, 89, NEHRUNAGAR SOCIETY, ICHCHHANATH ROAD, SURAT VS. ACIT, CIRCLE 3, SURAT PAN/GIR NO. : ACRPJ9028N (APPELLANT) .. (RESPONDENT) APPELLANT BY: SHRI D.K. PARIKH, AR RESPONDENT BY: SHRI B.L. YADAV, SR. DR DATE OF HEARING: 30.12.2011 DATE OF PRONOUNCEMENT: 19.01.2012 O R D E R PER SHRI G. C. GUPTA, V.P.:- THIS IS ASSESSEES APPEAL FOR THE ASSESSMENT YEAR 2006-07 DIRECTED AGAINST THE ORDER OF LD. CIT(A) II,, SURAT DATED 24 .01.2011. THE ONLY ISSUE IN THE APPEAL IS REGARDING VALIDITY OF PENALT Y ON INCOME OF RS.62,450/- U/S 271(1)(C) OF THE ACT. 2. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE PENALTY WAS IMPOSED ON ACCOUNT OF THE ADDITION MADE AS INCOME F ROM UNDISCLOSED SOURCES FROM UNEXPLAINED JEWELLERY, WHICH HAS ALREA DY BEEN TAXED IN THE CASE OF THE HUSBAND OF THE ASSESSEE AND, THEREFORE, IT IS A CASE OF DOUBLE TAXATION AS WELL AS DOUBLE PENALTY IMPOSED ON THE A SSESSEE AS WELL AS HER HUSBAND. IT IS SUBMITTED THAT THE ASSESSEE HAS FIL ED EXPLANATION WITH I.T.A.NO.547 /AHD/2011 2 REGARD TO THE SOURCE OF ACQUISITION OF THE JEWELLER Y, WHICH WAS PARTLY NOT ACCEPTED BY THE DEPARTMENT. THE LD. D.R. OF THE RE VENUE RELIED ON THE ORDER OF THE A.O. AND THE CIT(A). 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE FI ND THAT THE ASSESSEE HAS FILED AN EXPLANATION, EXPLAINING THE S OURCE OF THE ACQUISITION OF THE JEWELLERY IN QUESTION. THE JEWELLERY WAS NO T SEIZED BY THE DEPARTMENT DUE TO ITS VERY LESS VALUE. THE LD. CIT (A) HAS CONFIRMED THE PENALTY LEVIED U/S 271(1)(C) WITHOUT ASSIGNING ANY REASON WHATSOEVER. THERE IS NO MATERIAL BROUGHT ON RECORD BY THE DEPAR TMENT TO SUGGEST THAT THE EXPLANATION OF THE ASSESSEE WAS NOT BONA FIDE. WE FIND THAT MERELY BECAUSE THE ADDITION OF RS.62,450/- ON ACCOUNT OF U NEXPLAINED JEWELLERY HAS BEEN MADE, IS NO GROUND TO CONCLUDE THAT THE PE NALTY U/S 271(1)(C) OF THE ACT, WAS LEVIABLE ON THE ASSESSEE. IN THE FACT S OF THE CASE, WE HOLD THAT THE JEWELLERY IN QUESTION BEING OF VERY SMALL QUANTITY AND FOR WHICH THE ASSESSEE HAS FILED A VALID EXPLANATION, NO CASE FOR IMPOSITION OF PENALTY U/S 271(1)(C) OF THE ACT COULD BE MADE OUT BY THE DEPARTMENT AND ACCORDINGLY, WE CANCEL THE PENALTY IMPOSED U/S 271( 1)(C) AND THE GROUNDS OF THE ASSESSEE ARE ALLOWED. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. 5. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE M ENTIONED HEREINABOVE. SD./- SD./- (B.P.JAIN) (G.C.GUPTA) ACCOUNTANT MEMBER VICE PRESIDENT SP I.T.A.NO.547 /AHD/2011 3 COPY OF THE ORDER FORWARDED TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE LD. CIT (APPEALS) BY ORDER 5. THE DR, AHMEDABAD 6. THE GUARD FILE AR,ITAT,AHMEDABAD 1. DATE OF DICTATION 30/12/2011 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER02/01/2012 OTHER MEMBER 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P .S./P.S. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 19/1 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S./P.S.24/01 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 24/ 01/2012 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK .. 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER . 9. DATE OF DESPATCH OF THE ORDER. ..
