BHAGWANJI KHETSI GADA, MUMBAI V. ITO (CEN) THANE, THANE

ITA 797/MUM/2014

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2891 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 8 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-11-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 23-02-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 04-02-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PADMA RAM LD
• Assessee Lawyers: DIVYESH P FATARIA LD
• Section: 143(3); 153A

Judgement Text

ITA.NO.797/MUM/2014 BHAGWANJI KHETSI GADA ASSESSMENT YEAR-2008-09 IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI , , BEFORE HONBLE SHRI MAHAVIR SINGH, JM AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM ./I.T.A. NO.797/MUM/2014 ( / ASSESSMENT YEAR: 2008-09) BHAGWANJI KHETSI GADA 302/303, MARATHON APARTMENT DEVIDAYAL ROAD, MULUND(W) MUMBAI-400 080 / VS. INCOME TAX OFFICER (CENTRAL) THANE ./ ./PAN/GIR NO. AAWPG-6112-B ( ! /APPELLANT ) : ( '#! / RESPONDENT ) ASSESSEE BY : DIVYESH P. FATARIA, LD. AR REVENUE BY : PADMA RAM, LD. DR / DATE OF HEARING : 09/10/2018 / DATE OF PRONOUNCEMENT : 02/11/2018 / O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY ASSESSEE FOR ASSESSMENT YEAR [AY] 2008-09 CONTEST THE IMPOSITION OF PENALTY U/S 271(1)(C) FOR RS.50,980/- AS LEVIED BY LD. ASSESSING OFFICER VIDE ORDER DATED 30/03/201 2 AND AS CONFIRMED BY LD. COMMISSIONER OF INCOME TAX (APPEALS)-1 [CIT( A)], MUMBAI, APPEAL NO.15/12-13 VIDE IMPUGNED ORDER DATED 25/10/2013. ITA.NO.797/MUM/2014 BHAGWANJI KHETSI GADA ASSESSMENT YEAR-2008-09 2 2. BRIEF BACKGROUND IS THAT THE ASSESSEE WAS SADDLE D WITH QUANTUM DISALLOWANCE OF RS.1,49,986/- IN AN ASSESSMENT U/S 143(3) READ WITH SECTION 153A ON 30/12/2009 IN VIEW OF THE FACT THAT THE INCOME O FFERED BY THE ASSESSEE UNDER THE HEAD HOUSE PROPERTY WAS NOT ACCEPTED BY THE REVENUE. CONSEQUENTLY, THE ASSESSEE WAS DENIED DEDUCTION OF HOUSE TAX FOR RS.99,065/- AND STATUTORY DEDUCTION OF 30% U/S 24 AMOUNTING TO RS.50,921/-. AGAINST THESE QUANTUM DIS ALLOWANCE, THE ASSESSEE HAS BEEN SADDLED WITH IMPUGNED PENALTY OF RS.50,980/-. THE SAME, UPON CONFIRMATION BY LD. FIRST APPELLATE AUTH ORITY, IS UNDER APPEAL BEFORE US. 3. UPON DUE CONSIDERATION, WE FIND THAT THE QUANTUM DISALLOWANCES AGAINST WHICH PENALTY HAS BEEN IMPOSED HAS ARISEN O NLY DUE TO CHANGE OF HEAD OF INCOME. HOWEVER, THE AFORESAID FACT, IN OUR OPINION, DO NOT LEAD TO FURNISHING OF INACCURATE PARTICULARS OF INCOME OR C ONCEALMENT OF INCOME SO AS TO ATTRACT PENALTY U/S 271(1)(C). THIS IS FOR TIFIED BY THE FACT THAT LD. AO, AGAINST SIMILAR ADDITIONS, INITIATED P ENALTY FOR AY 2009-10 BUT LATER ON DROPPED THE SAME VIDE ORDER DATED 28/0 6/2012. THEREFORE, WE ARE INCLINED TO DELETE THE SAME. WE ORDER SO. 4. THE APPEAL STANDS ALLOWED IN TERMS OF OUR ABOVE ORDER. ORDER PRONOUNCED IN THE OPEN COURT ON 02/11/2018 SD/- SD/- (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED 02/11/2018 SR.PS:-THIRUMALESH ! / COPY OF THE ORDER FORWARDED TO : 1. ! / THE APPELLANT ITA.NO.797/MUM/2014 BHAGWANJI KHETSI GADA ASSESSMENT YEAR-2008-09 3 2. '#! / THE RESPONDENT 3. * ( ) / THE CIT(A) 4. * / CIT CONCERNED 5. +,' & - , - , / DR, ITAT, MUMBAI 6. ,./0 / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI