Smt. Debjani Paul, Howrah V. ITO, Ward - 46(1), Kolkata, Kolkata

ITA 722/KOL/2010

• Counselvise Citation: 72223514 RSA 2010
• Duration Of Justice: 1 year(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-04-2011
• Appeal Filed By: Assessee
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 12-04-2010
• Court: TRIBUNAL
• Department Lawyers: S K MALAKAR LD
• Assessee Lawyers: SUBHAS AGARWAL LD

Judgement Text

I.T.A NO. 722/KO/2010-SVM 1 , C IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : KOLKATA BEFORE HON. SRI S.V MEHROT RA, AM & HON. SRI MAHAVIR SINGH, JM () . ., !' ! #' , '$ / I.T.A NO. 722/KOL/2010 #%& !'( / ASSESSMENT YEAR : 2005-06 SMT.DEBJANI PAUL VS. INCOME-TAX OFFICER, PAN:AJYPP 4014E WARD 46(1), KOLKATA (*+ /APPELLANT ) (,-*+/ RESPONDENT ) *+ / FOR THE APPELLANT : . / SHRI SUBHAS AGARWAL, LD.AR ,-*+ / FOR THE RESPONDENT : . / SHRI S.K MALAKAR, LD.DR / / ORDER . ., SHRI S.V MEHROTRA, ACCOUNTANT MEMBER : THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST TH E ORDER OF THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS), XXX, KOLKATA DATED 01-12-2009 FOR THE ASSESSMENT YEAR 2005-06. 2. THE ASSESSEE HAS TAKEN FOLLOWING GROUND OF APPE AL:- 1. THAT THE LD. COMMISSIONER OF INCOME TAX (APPEAL) -XXX, KOLKATA ERRED IN UPHOLDING THE ACTION OF ASSESSING OFFICER FOR IMPOSING PENALTY U/S.271(1)( C) OF THE I.T ACT 1961 WITHOUT CONSIDERING THE FULL FACTS ON RECORDS. 3. BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE I N THE RELEVANT AY CARRIED ON BUSINESS AS PROPRIETRESS OF TWO CONCERNS WITH M/S. ALFA CEME NT POINT AND M/S. MAA KALI SCALES. M/S. MAA ALFA CEMENT POINT CARRIED ON THE BUSINESS OF TRADING OF CEMENT AND IRON ROD AND M/S. MAA KALI SCALES WAS IN THE BUSINESS OF R OAD-SIDE WEIGHING MEANT FOR WEIGHING THE GOODS-LADEN LORRIES ETC. WHILE MAKING THE ASSE SSMENT U/S.143(3) IN RESPECT OF M/S. MAA KALI SCALES THE AO OBTAINED INFORMATION FROM UCO BANK, APC ROAD BRANCH, KOLKATA FROM WHICH IT WAS DETECTED THAT THE ASSESSE E HAD INVESTMENTS OF RS. 36,000/- AND RS.26,000/- IN KUBER YOJANA. AS THE ASSESSEE FAI LED TO OFFER ANY EXPLANATION IN THIS REGARD THE TOTAL AMOUNT OF RS.62,000/- WAS ADDED BA CK TO THE TOTAL INCOME OF THE ASSESSEE I.T.A NO. 722/KO/2010-SVM 2 AS UNEXPLAINED MONEY U/S.69A AND PENALTY U/S.271(1 )(1) (C ) WAS INITIATED. THE AO IN THE PENALTY PROCEEDINGS INTER-ALIA OBSERVED AS UNDE R:- THE PENALTY WAS INITIATED ON 30/03/2007. SINCE TH E ASSESSEE HAD PREFERRED APPEAL BEFORE LD.CIT(A) THE CASE WAS KEPT IN ABEYANCE TILL THE DISPOSAL OF THE APPEAL. AFTER TH E DISPOSAL OF THE APPEAL, A RE-FIXATION LETTER DATED 24/07/2008 AND W AS ISSUED TO THE ASSESSEE, BUT THE ASSESSEE FAILED TO EXPLAIN O N WHY PENALTY U/S.271(1)( C) OF THE I.T.ACT SHALL NOT BE IMPOSED ON RS. 3,52,000/-. 4. THE LD.CIT(A) HAS UPHELD THE ACTION OF THE ASSES SING OFFICER. 5. WE HAVE CONSIDERED THE SUBMISSIONS AND PERUSED THE RECORD OF THE CASE. FROM THE OBSERVATIONS OF THE ASSESSING OFFICER IN THE COURSE OF THE ASSESSMENT PROCEEDINGS AS WELL AS IN THE PENALTY PROCEEDINGS AS NOTED ABOVE, IT I S EVIDENT THAT NO EXPLANATION HAS BEEN OFFERED BY THE ASSESSEE BEFORE THE AO. THE CASE HAD BEEN FIXED ON 24/07/2008, BUT THE ASSESSEE DID NOT FILE ANY EXPLANATION. WE CONSIDER IT IN THE INTEREST OF JUSTICE THAT PROPER OPPORTUNITY BE PROVIDED TO THE ASSESSEE BEFORE ANY CONCLUSION IS DRAWN IS IN REGARD TO THE PENALTY PROCEEDINGS. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS A LLOWED FOR STATISTICAL PURPOSE. / 0 1 0% 2 3 4 21-04-2011 ORDER PRONOUNCED IN THE OPEN COURT ON 21-04-2011 SD/- SD/- [ ! #' , ] [ . . , ] MAHAVIR SINGH, JUDICIAL MEMBER (S.V. MEHROTRA, ACCOUNTANT MEMBER ) (4) DATED :21-04-2011 I.T.A NO. 722/KO/2010-SVM 3 *PP !56 #%78 #9! /SR.P.S. / : ,##; <;'=- COPY OF THE ORDER FORWARDED TO: 1. *+ /APPELLANT- SMT. DEBJANI PAUL 241/43 G.T ROAD, H OWRAH- 711204. 2 ,-*+ / RESPONDENT : I.T.O WARD 46(1) 3 GOVT. PL, KOL-1. 3. #/%/ THE CIT, 4. #/% ()/ THE CIT(A), KOLKATA. 5. !#2 ,#%/ DR, KOLKATA BENCHES, KOLKATA -; ,#/ TRUE COPY , /%0/ BY ORDER , '8 /ASSTT. REGISTRAR