Smt. Shakuntala Bindal, New Delhi V. ITO, New Delhi

ITA 6895/DEL/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 97274 (ITAT-DELHI)
• Duration Of Justice: 8 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-09-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC 2
• Next Hearing Date: 10-08-2015
• Assessment Year: 2010-2011
• Appeal Filed On: 22-12-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC - 2 , NEW DELHI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER ITA NO. 6895 /DEL/201 4 AY: 20 10 - 11 SHAKUNTALA BINDAL VS. ITO, WARD 24(1) B 1/24, 2 ND FLOOR, MALVIYA NAGAR NEW DELHI NEW DELHI 110 017 PAN: AFUPB 2989 J (APPELLANT) (RESPONDENT) APPELLANT BY : NONE . RESPONDENT BY : S MT. RAKHI VIMAL, JCIT ORDER THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD.CIT(A) - XXIII, NEW DELHI DATED 24.10.2014 PERTAINING TO THE A.Y. 2010 - 11. 2. NONE APPEARED ON BE HALF OF THE ASSESSEE DESPITE ISSUAL OF NOTICE. THERE IS AN APPLICATION FOR ADJOURNMENT, ON THE GROUND THAT THE COUNSEL IS BUSY. I REJECT THIS APPLICATION AND PROCEED TO DISPOSE OF THE CASE EX PARTE QUA THE ASSESSEE AFTER HEARING SMT.RAKHI VIMAL, THE LD.J CIT, D.R. ON BEHALF OF THE REVENUE. 3. THE ASSESSEE SUBMITTED THAT CERTAIN MISTAKES WERE DETECTED BY HIM, DURING THE SCRUTINY PROCEEDINGS AND DUE TO LACK OF KNOWLEDGE, UNDERSTATEMENT OF SHORT TERM CAPITAL GAINS HAD TAKEN PLACE IN THE ORIGINAL RETURN. 3.1. ON CONSIDERATION OF THIS ARGUMENT I FIND THAT THE REVISED COMPUTATION OF INCOME WAS FILED BY THE ASSESSEE DURING THE COURSE OF ASSESSMENT PROCEEDINGS. THE ASSESSEE HAS NOT FILED ANY REPLY TO THE SHOW CAUSE NOTICE AND LETTERS ISSUED BY THE ASSESSING OFFICE R PRIOR TO LEVY OF PENALTY U/S 271 ( 1)(C ) OF THE INCOME TAX ACT, 1961 (THE ACT). WHEN NO EXPLANATION IS GIVEN PENALTY CAN BE LEVIED U/S 271(1)(C ) OF THE ACT. UNDER THESE ITA NO.6895/DEL/2014 A.Y. 2010 - 11 SHAKUNTALA BINDAL, NEW DELHI 2 CIRCUMSTANCES THE P ENALTY IN QUESTION IS CONFIRMED AND I DISMISS THIS APPEAL BY TH E ASSESSEE. 4. IN THE RESULT THE APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18 TH SEPTEMBER, 2015. SD/ - ( J. SUDHAKAR REDDY) ACCOUNTANT MEMBER DATED: THE 18 TH SEPTEMBER, 2015 *MANGA COPY OF THE ORDER FORWARDED TO: 1. APPELLANT; 2.RESPONDENT; 3.CIT; 4.CIT(A); 5.DR; 6.GUARD FILE BY ORDER ASST. REGISTRAR, ITAT