The Patiala Improvement Trust, Patiala V. ITO, Patiala

ITA 554/CHANDI/2014

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 80886 (ITAT-CHANDIGARH)
• Duration Of Justice: 3 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-09-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 18-09-2014
• Assessment Year: 2006-2007
• Appeal Filed On: 30-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR AMA RVEER SINGH
• Assessee Lawyers: Y K SOOD
• Section: 143(3); 147; 2

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES B CHANDIGARH BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI. T.R. SOOD, ACCOUNTANT MEMBER ITA NOS. 554 TO 556/CHD/2014 ASSESSMENT YEARS: 2006-07 TO 2008-09 THE PATIALA IMPROVEMENT TRUST VS. THE ITO CHOTI BARADARI WARD-1 PATIALA PATIALA PAN NO. AAAJI0034L (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI Y.K. SOOD RESPONDENT BY : DR. AMARVEER SINGH DATE OF HEARING : 18/09/2014 DATE OF PRONOUNCEMENT: 23/09/2014 ORDER PER BENCH ALL THE APPEALS BY SAME ASSESSEE ARE DIRECTED AGAIN ST DIFFERENT ORDERS OF LD. CIT (A) PATIALA DT. 28/04/2014 FOR ABOVE ASSESS MENT YEARS CHALLENGING THE LEVY OF PENALTY UNDER SECTION 271(1)(C). 2. LEARNED COUNSEL FOR THE ASSESSEE AT THE OUTSET S UBMITTED THAT IN THESE CASES PENALTY UNDER SECTION 271(1)(C) OF I.T. ACT H AVE BEEN LEVIED ON THE BASIS OF THE REASSESSMENT ORDERS FRAMED BY AO, ON REOPENI NG OF THE ASSESSMENT 2 UNDER SECTION 147 OF THE I.T. ACT AND THEREBY THE A .O PASSED THE REASSESSMENT ORDER UNDER SECTION 143(3) READ WITH SECTION 147 OF I.T. ACT IN ALL THE ASSESSMENT YEARS UNDER APPEALS. 3. HE HAS SUBMITTED THAT THE ASSESSEE WENT IN APPEA L AGAINST THE REOPENING OF THE ASSESSMENTS BEFORE ITAT, CHANDIGARH BENCH IN THE CASE OF PATIALA IMPROVEMENT TRUST VS. I.T.O IN ITA NO. 1178 AND 117 9 OF 2013 AND REOPENING OF THE ASSESSMENT IN ASSESSMENT YEARS 2005-06 AND 2006 -07 HAVE BEEN ANNULLED. ACCORDINGLY RE-ASSESSMENT PROCEEDING HAVE BEEN QUAS HED. COPY OF THE ORDER OF THE TRIBUNAL DT. 29/04/2014 IS PLACED ON RECORD. 4. SIMILARLY IN ASSESSMENT YEARS 2007-08 AND 2008-0 9 THE TRIBUNAL SIMILARLY ALLOWED THE APPEALS OF THE ASSESSEE IN ITA NOS. 118 0 AND 1181/CHD/2013 VIDE ORDER DATED 09/07/2014 AND FOLLOWING THE ORDER FOR PRECEDING ASSESSMENT YEARS ANNULLED THE REOPENING OF THE ASSESSMENT. COPY OF T HE ORDER OF THE TRIBUNAL IS PLACED ON RECORD. 5. THE LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT SINCE REOPENING OF THE ASSESSMENTS HAVE BEEN ANNULLED BY THE TRIBUNAL VIDE ORDER DT. 29/04/2014 AND 09/07/2014 (SUPRA) THEREFORE NO PENALTY IS LEVIABLE . 6. LD. D.R. FOR THE REVENUE RELIED ON THE ORDERS OF AUTHORITIES BELOW. 7. ON GOING THROUGH THE FACTS OF THE CASE IN THE LI GHT OF THE ORDERS OF THE TRIBUNAL REFERRED TO ABOVE, SINCE THE REOPENING OF THE ASSESSMENTS IN ALL THE 3 ASSESSMENT YEARS HAVE BEEN ANNULLED AND QUASHED, TH EREFORE NO PENALTY IS LEVIABLE UNDER SECTION 271 (1) (C) AGAINST THE ASSE SSEE ON THAT BASIS. 8. WE ACCORDINGLY SET ASIDE THE ORDERS OF THE AUTHO RITIES BELOW AND CANCEL THE PENALTY IN ALL THE ASSESSMENT YEARS. 9. IN THE RESULT ALL THE APPEALS ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 23-09-2014. SD/- SD/- (T.R.SOOD) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 23 RD SEPTEMBER, 2014 AG COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR