M/s. Manimaya Holdings Pvt. Ltd., Kolkata V. ITO, Ward - 12(3), Kolkata

ITA 670/KOL/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 7403 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 4 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-08-2021
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: C
• Next Hearing Date: 11-08-2021
• Assessment Year: 2005-2006
• Appeal Filed On: 03-04-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SUPRIYO PAL
• Keywords: Set aside
• Section: 271(1)(c)

Judgement Text

1 ITA NO. 670/KOL/2019 MANIMAYA HOLDINGS PVT. LTD., AY 2005-06 , C , IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOL KATA [BEFORE SHRI P. M. JAGTAP, VICE PRESIDENT & SHRI A . T. VARKEY, JUDICIAL MEMBER ] I.T.A. NO. 670/KOL/2019 ASSESSMENT YEAR: 2005-06 MANIMAYA HOLDINGS PVT. LTD. (PAN: AACCM0598E) VS . INCOME-TAX OFFICER, WD-12(3), KOLKATA. APPELLANT RESPONDENT DATE OF HEARING (VIRTUAL) 11.08.2021 DATE OF PRONOUNCEMENT 18.08.2021 FOR THE APPELLANT NONE APPEARED FOR THE RESPONDENT SHRI SUPRIYO PAL, D.R ORDER PER SHRI A. T. VARKEY, JM: THIS IS AN APPEAL PREFERRED BY THE ASSESSEE AGAINS T THE ORDER OF THE LD. CIT(A)-24, KOLKATA DATED 24.01.2019 FOR AY 2005-06 AGAINST TH E CONFIRMATION OF PENALTY ORDER PASSED U/S. 271(1)(C) OF THE INCOME-TAX ACT, 1961 (HEREINA FTER REFERRED TO AS THE ACT). 2. NONE APPEARED FOR THE ASSESSEE. HOWEVER IT IS NO TED THAT THE MAIN GRIEVANCE OF THE ASSESSEE IS AGAINST THE EX PARTE ORDER PASSED BY TH E LD. CIT(A) WITHOUT HEARING THE ASSESSEE. ACCORDING TO THE ASSESSEE, THE PENALTY ORDER PASSED BY THE AO (ITO, WARD-12(3), KOLKATA) IS BAD IN LAW. ACCORDING TO ASSESSEE, THE AO HAS I NITIATED THE PENALTY PROCEEDINGS U/S. 271(1)(C) OF THE ACT FOR CONCEALMENT OF INCOME AND FURNISHING OF INACCURATE PARTICULARS OF INCOME WHICH FACT HAS BEEN NOTED BY THE LD. CIT(A) IN PARA 3 OF THE IMPUGNED ORDER. ACCORDING TO THE ASSESSEE SINCE THERE IS LEGAL INFI RMITY IN THE SHOW CAUSE NOTICE, THE CONSEQUENT ORDER OF THE AO IMPOSING PENALTY ITSELF IS BAD IN LAW AS HELD BY THE HONBLE HIGH COURTS IN PLETHORA OF DECISIONS. THEREFORE, A CCORDING TO THE ASSESSEE, THE PENALTY ORDER ITSELF IS BAD IN LAW. HOWEVER, IT IS NOTED THAT TH E LD. CIT(A) HAS NOT DECIDED THE LEGAL ISSUE RAISED BY THE ASSESSEE AS GROUND NO. ONE (1) WHEREI N THE ASSESSEE HAS ASSAILED THE DECISION OF THE AO PASSED U/S. 271(1)(C) OF THE ACT AS BAD I N LAW WHICH ENCOMPASSES THE LEGAL ISSUE OF INFIRMITY IN THE NOTICE ISSUED PRIOR TO LEVY OF PENALTY U/S 271(1)(C) OF THE ACT. ACCORDING 2 ITA NO. 670/KOL/2019 MANIMAYA HOLDINGS PVT. LTD., AY 2005-06 TO THE ASSESSEE, IT DID NOT RECEIVE ANY NOTICE OF H EARING AND WE NOTE THAT THE LD. CIT(A) HAS NOT MENTIONED ABOUT ANY DATES OF HEARING, THEREFORE , IN THE INTEREST OF JUSTICE AND FAIR-PLAY, WE SET ASIDE THE ORDER OF THE LD. CIT(A) AND RESTO RE THE APPEAL BACK TO THE FILE OF THE LD. CIT(A) FOR FRESH ADJUDICATION OF THE APPEAL WHICH E MANATED FROM THE PENALTY IMPOSED BY THE ITO, WARD-12(3), KOLKATA VIDE ORDER DATED 31.01 .2018 FOR AY 2005-06. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER IS PRONOUNCED IN THE OPEN COURT ON 18 TH AUGUST, 2021. SD/- SD/- (P. M. JAGTAP) (A. T. VARKEY) VICE PRESIDENT JUDICIAL MEMBER DATED: 18 TH AUGUST, 2021 JD, SR. PS COPY OF THE ORDER FORWARDED TO: 1. APPELLANT- M/S. MANIMAYA HOLDINGS PVT. LTD., 3 RD FLOOR, THE MILLENIUM, 235/2A, AJC BOSE ROAD, MINTO PARK, KOLKATA-700 020. 2. RESPONDENT ITO, WARD-12(3), KOLKATA 3. CIT(A)-24, KOLKATA (SENT THROUGH E-MAIL) 4. CIT, KOLKATA. 5. DR, KOLKATA BENCHES, KOLKATA (SENT THROUGH E-MAIL) TRUE COPY BY ORDER SENIOR PRIVATE SECRETARY/DDO ITAT, KOLKATA BENCHES, KOLKATA