PUNJAB KHAD BHANDAR, Bareilly V. I.T.O.-II, Pilibhit

ITA 566/LKW/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 4399 (ITAT-LUCKNOW)
• Duration Of Justice: 9 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-05-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 27-04-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 19-08-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: AGAINST OF CITA BAREILLY DATED

Judgement Text

I.T.A. NO.566/LKW/15 1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH B, LUCKNOW BEFORE SHRI P. K. BANSAL, ACCOUNTANT MEMBER AND SHRI MAHAVIR PRASAD, JUDICIAL MEMBER ITA NO.566/LKW/2015 ASSESSMENT YEAR:2006-07 M/S PUNJAB KHAD BHANDAR, C/O M/S SATNAM SINGH CHAWLA & ASSOCIATES, L-5/A, RAMPUR GARDEN, BAREILLY. PAN:AAAFP2072P VS. INCOME TAX OFFICER-II, PILIBHIT. (APPELLANT) (RESPONDENT) O R D E R PER P. K. BANSAL, A.M. THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF CIT(A), BAREILLY DATED 31/12/2014 BY WHICH THE CIT( A) HAS CONFIRMED THE ORDER OF THE ASSESSING OFFICER LEVYING THE PENALTY BY THE ASSESSING OFFICER U/S 271(1)(C) OF THE ACT AMOUNTING TO RS.2,46,530/- . 2. WE HAVE HEARD THE RIVAL SUBMISSIONS, CAREFULLY C ONSIDERED THE SAME ALONG WITH THE ORDERS OF THE TAX AUTHORITIES BELOW. WE NOTED THAT THE ASSESSING OFFICER HAS LEVIED THE PENALTY ON THE ASS ESSEE U/S 271(1)(C) OF THE ACT IN RESPECT OF ADDITIONS MADE BY HIM IN THE ASSE SSMENT ORDER. WHEN THE MATTER TRAVELLED IN QUANTUM APPEAL BEFORE THE TRIBU NAL, THE TRIBUNAL VIDE ITS ORDER IN I.T.A. NO.39/LKW/2012, DELETED THE ADDITIO N IN RESPECT OF WHICH THE PENALTY U/S 271(1)(C) WAS IMPOSED. SINCE THE ADDIT ION MADE BY THE APPELLANT BY SHRI RAKESH GARG, ADVOCATE RESPONDENT BY SMT. NIDHI VERMA, D. R. DATE OF HEARING 27 /04/2016 DATE OF PRONOUNCEMENT 25 / 05 /2016 I.T.A. NO.566/LKW/15 2 ASSESSING OFFICER IN QUANTUM APPEAL STANDS DELETED BY THIS TRIBUNAL VIDE ITS ORDER DATED 11/07/2012 IN RESPECT OF WHICH THE ASSE SSING OFFICER LEVIED THE PENALTY U/S 271(1)(C), WE THEREFORE, DELETE THE PEN ALTY LEVIED U/S 271(1)(C) OF THE ACT. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE STANDS ALLOWED. (ORDER PRONOUNCED IN THE OPEN COURT ON 25/05/2016) SD/. SD/. ( MAHAVIR PRASAD ) ( P. K. BANSAL ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED:25/05/2016 *SINGH COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. CONCERNED CIT 4. THE CIT(A) 5. D.R., I.T.A.T., LUCKNOW ASSTT. REGISTRAR