INDRADEV SHRIVASTAVA, V. I.T.O., JAGDALPUR (CG)

ITA 80/BIL/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 8958 (ITAT-RAIPUR)
• Duration Of Justice: 2 year(s) 7 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-01-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 1997-1998
• Appeal Filed On: 15-06-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS SHABANA PARVEEN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, RAIPUR BENCH, RAIPUR BEFORE S/SHRI N.S SAINI, ACCOUNTANT MEMBER AND PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO.80 & 81/RPR/2015 ASSESSMENT YEAR : 1997-98 & 1998-99 INDRADEV SHRIVASTAVA, KONDAGAON (C.G.) VS. ITO, JAGDALPUR (C.G.)- 494001 PAN/GIR NO. ACFPS 6736 P (APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : NONE REVENUE BY : MRS. SHABANA PARVEEN, DR DATE OF HEARING : 18/01/ 2018 DATE OF PRONOUNCEMENT : 19 /01/ 2018 O R D E R PER PAVAN KUMAR GADALE, JM THESE ARE THE APPEALS FILED BY THE ASSESSEE AGAINST THE OR DER OF THE CIT(A)-RAIPUR, DATED 25.03.2015 FOR THE ASSESSMENT YEA R 1997-98 & 1998- 99. SINCE ISSUE INVOLVED IN BOTH THE APPEALS IS COMMON, FOR THE SAKE OF CONVENIENCE, WE TAKE UP THE APPEAL IN ITA NO.80/RPR/1 5 FOR CONSIDERATION. 2. THE ASSESSEE IS AGGRIEVED BY THE CONFIRMATION OF PENAL TY OF RS.10,000/- LEVIED U/S.271(1)(B) OF THE ACT. 3. BRIEFLY STATED THE FACTS ARE THAT THE ASSESSING OFFICER ON THE BASIS OF INFORMATION RECEIVED FROM DISTRICT AUTHORITIES REGARDIN G TRANSACTION IN AGRICULTURAL AND FOREST PRODUCE, ISSUED NOTICE U/S.148 OF THE ACT. FURTHER, HE 3 ITA NO.80 & 81/RPR/2015 ASSESSMENT YEAR : 1997-98 & 1998-99 7. NONE APPEARED ON BEHALF OF THE ASSESSEE WHEN THE CASE WAS CALLED FOR HEARING. HOWEVER, A PAPER BOOK HAS BEEN FILED BEFOR E US. HENCE, WE PROCEED TO DISPOSE OF THE APPEALS EXPARTE QUA THE ASSESSEE ON THE BASIS OF MATERIALS AVAILABLE ON RECORD AND AFTER HEARING LD D. R. 8. LD D.R. SUPPORTED THE ORDERS OF LOWER AUTHORITIES. LD D.R. SUBMITTED THAT THE ASSESSEE IN AN ULTERIOR MOTIVE AVOIDED TO ATTE ND THE HEARING BEFORE THE ASSESSING OFFICER, THEREFORE PENALTY WAS RIGHTLY IMPO SED. 9. WE HAVE HEARD THE RIVAL SUBMISSIONS, PERUSED THE OR DERS OF LOWER AUTHORITIES AND MATERIALS AVAILABLE ON RECORD. PRIM A FACIE, THE CONTENTION OF THE ASSESSEE AS PER THE SUBMISSION FILED BEFORE US THAT THE ASSESSEE AGAINST THE ORIGINAL ASSESSMENT ORDER PASSED U/S.144 FILE D APPEAL BEFORE THE CIT(A) AND CIT(A) HAS GRANTED PART RELIEF TO THE ASSESS EE. SUBSEQUENTLY, THE ASSESSING OFFICER HAS PASSED ORDER GIVING APPEAL EFF ECT TO THE QUANTUM APPEAL AND THE INCOME IS BELOW THE TAXABLE LIMIT AND NO TAX IS LEVIABLE. THE DEPARTMENT HAS NOT FILED APPEAL AGAINST THE ORDER OF THE CIT(A) BEFORE THE ITAT AND THE MATTER HAS BECOME FINAL. CONSIDERING TH ESE FACTS, IT WAS PLEADED IN THE WRITTEN SUBMISSION THAT THE PENALTY BE CANCELLED. RELIANCE WAS PLACED ON THE DECISION OF HONBLE SUPREME COURT IN THE CASE OF HINDUSTAN STEEL LTD., 83 ITRR 26(SC), WHEREIN, IT HA S BEEN HELD AS UNDER: 5 ITA NO.80 & 81/RPR/2015 ASSESSMENT YEAR : 1997-98 & 1998-99 COPY OF THE ORDER FORWARDED TO : BY ORDER, SR.PRIVATE SECRETARY ITAT, RAIPUR 1. THE APPELLANT : INDRADEV SHRIVASTAVA, KONDAGAON (C.G.) 2. THE RESPONDENT. , JAGDALPUR (C.G.)- 494001 3. THE CIT(A)- RAIPUR 4. PR.CIT- RAIPUR 5. DR, ITAT, RAIPUR 6. GUARD FILE. //TRUE COPY//