The ITO, Ward-9(3), Surat V. Shri Navinchandra V.Chokshi,HUF, Surat

ITA 784/AHD/2011

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 85766 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 11 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-03-2015
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 1999-2000
• Appeal Filed On: 11-03-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B L YADAV
• Section: 143(3); 148

Judgement Text

, D IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD , .. ' , #$ # % BEFORE SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER AND SHRI N.S. SAINI, ACCOUNTANT MEMBER ITA NO. 784/AHD/2011 [ASSTT. YEAR: 1999-2000 ITO, WARD - 9(3) SURAT. VS SHRI NAVINCHANDRA VAJULAL CHOKSHI 4-5, VISHVAKARAM SOCIETY NEW GIDC, FULPADA ROAD KATARGAM. PAN : AABHC 5160 N &' / (APPELLANT) )* &' / (RESPONDENT) REVENUE BY : SHRI B.L. YADAV, SR.DR ASSESSEE(S) BY : WRITTEN SUBMISSIONS / DATE OF HEARING : 24/02/2015 / DATE OF PRONOUNCEMENT: 04/03/2015 #+/ O R D E R PER N.S. SAINI, ACCOUNTANT MEMBER: THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF THE COMMISSIONER O F INCOME-TAX (APPEALS)-V, AHMEDABAD DATED 19.11.2010. 2. THE SOLE GROUND OF THE APPEAL TAKEN BY THE REVEN UE IS THAT THE CIT(A) ERRED IN DELETING THE PENALTY OF RS.4,12,009 /- UNDER SECTION 271(1)(C) OF THE ACT. 3. BRIEF FACTS OF THE CASE ARE THAT THE IN ASSESSME NT COMPLETED UNDER SECTION 143(3) R.W.S. SECTION 148 OF THE ACT DATED 29.12.2006, THE AO MADE ADDITION OF RS.14,11,713/- ON ACCOUNT OF OPENI NG CAPITAL. ON APPEAL, THE CIT(A) CONFIRMED THE ACTION OF THE AO. ITA NO.784/AHD/2011 2 4. THEREAFTER, THE AO LEVIED PENALTY UNDER SECTION 271(1)(C) OF THE ACT FOR FURNISHING OF INACCURATE PARTICULARS OF INC OME RESULTING INTO CONCEALMENT OF INCOME OF RS.4,12,009/- BEING 100% O F TAX SOUGHT TO BE EVADED. 5. ON APPEAL FILED BY THE ASSESSEE THERE AGAINST, T HE CIT(A) DELETED THE LEVY OF PENALTY. 6. THE ASSESSEE HAS FILED BEFORE US ALONG WITH WRIT TEN SUBMISSION DATED 23.2.2015 COPY OF THE ORDER OF THE TRIBUNAL P ASSED IN THE CASE OF THE ASSESSEE IN ITA NO.4418/AHD/2007 ORDER DATED 8. 8.2013 WHEREIN THE TRIBUNAL RESTORED THE MATTER BACK TO THE FILE O F AO FOR FRESH ADJUDICATION OF THE ISSUE WITH SIMILAR DIRECTION GI VEN BY THE TRIBUNAL IN THE CASE OF SHRI ALPESHKUMAR J. MANGUKIA & ORS., IN ITA NO.1419/AHD/2009 AND ORS. DATED 17.2.2012. THUS, W E FIND THAT AS THE QUANTUM ADDITION MADE, ON WHICH PENALTY HAS BEE N LEVIED, HAS BEEN RESTORED TO THE FILE OF THE AO BY THE TRIBUNAL FOR FRESH ADJUDICATION OF THE SAME, THEREFORE, WE SET ASIDE THE ORDER OF T HE CIT(A) AND RESTORE THE ISSUE OF LEVY OF PENALTY UNDER SECTION 271(1)(C ) OF THE ACT ALSO BACK TO THE FILE OF AO FOR ADJUDICATION AFRESH, IN THE L IGHT OF THE DECISION TAKEN IN THE SET ASIDE PROCEEDINGS. THUS, THIS GRO UND OF THE REVENUE IS ALLOWED FOR STATISTICAL PURPOSE. 7. IN THE RESULT, THE APPEAL OF THE REVENUE IS ALLO WED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE COURT ON WEDNESDAY THE 4 TH MARCH, 2015 AT AHMEDABAD. SD/- SD/- (MUKUL KR. SHRAWAT) JUDICIAL MEMBER ( N.S. SAINI) ACCOUNTANT MEMBER AHMEDABAD; DATED 04/ 03/2015 ITA NO.784/AHD/2011 3 #+ , )-. /#.0 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ! / CONCERNED CIT 4. ! ( ) / THE CIT(A), AHMEDABAD 5. $%& '' , , )*++ / DR, ITAT, AHMEDABAD 6. &,- . / GUARD FILE. #+ / BY ORDER 1/ 2 ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD