TRIMURTY COLONIZERS AND BUILDERS PVT. LTD., JAIPUR V. ACIT, CIRCLE-6, JAIPUR

ITA 82/JPR/2021

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3975 (ITAT-JAIPUR)
• Duration Of Justice: 2 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-10-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 05-08-2021
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A S NEHRA CIT DHK
• Assessee Lawyers: RAJIV SOGANI
• Section: 271(1)(c); 250

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES B, JAIPUR JH LANHI XLKA] U;KF;D LNL; ,OA JH FOE FLAG ;KNO] YS[KK LNL; DS LE{K BEFORE SHRI SANDEEP GOSAIN, JM & SHRI VIKRAM SINGH YADAV, AM VK;DJ VIHY LA -@ ITA NO. 82/JP/2021 FU/KZKJ.K O'KZ@ ASSESSMENT YEAR : 2013-14 TRIMURTY COLONIZERS AND BUILDERS PRIVATE LIMITED, 601, GEETA ENCLAVE, VINOBA MARG, C-SCHEME, JAIPUR. CUKE VS. A.C.I.T./D.C.I.T., CIRCLE-6, JAIPUR. LFKK;H YS[KK LA -@THVKBZVKJ LA-@ PAN/GIR NO.: AAACT 6613 K VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS @ ASSESSEE BY : SHRI RAJIV SOGANI (CA) JKTLO DH VKSJ LS @ REVENUE BY: SHRI A.S. NEHRA (ADDL.CIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 05/10/2021 MN?KKS 'K.KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 05/10/2021 VKNS'K@ ORDER PER: SANDEEP GOSAIN, J.M. THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF THE NATIONAL FACELESS APPEAL CENTRE (NFAC), DELHI DATED 21/06/2021 PASSED U/S 250 OF THE INCOME TAX ACT, 1961 (IN SHORT, THE ACT) FOR THE A.Y. 2013- 14, WHEREIN FOLLOWING GROUNDS HAVE BEEN TAKEN: 1. IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, LD. CIT(A) HAS ERRED IN CONFIRMING THE ACTION OF LD. AO IN LEVYING PENALTY OF RS. 46,179/- U/S 271(1)(C) OF THE INCOME TAX ACT, 1961. THE ACTION OF LD. CIT(A) IS ILLEGAL, UNJUSTIFIED, ARBITRARY AND AGAINST THE FACTS OF THE CASE. RELIEF MAY PLEASE BE GRANTED BY DELETING THE ENTIRE PENALTY LEVIED BY LD. AO AND CONFIRMED BY LD. CIT(A). 2. IN THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW, LD. AO HAS ERRED IN IMPOSING PENALTY U/S 271(1)(C) WITHOUT SPECIFICALLY ITA 82/JP/2021_ TRIMURTY COLONIZERS & BUILDERS P LTD. VS ACIT/DCIT 2 POINTING OUT IN THE SHOW CAUSE NOTICE, WHETHER THE PENALTY WAS PROPOSED ON CONCEALMENT OF PARTICULARS OF INCOME OR FOR FURNISHING INACCURATE PARTICULARS OF INCOME. THE ACTION OF THE LD. AO IS ILLEGAL, UNJUSTIFIED, ARBITRARY AND AGAINST THE FACTS OF THE CASE. RELIEF MAY PLEASE BE GRANTED BY QUASHING THE ENTIRE PENALTY PROCEEDINGS. 3. THE ASSESSEE COMPANY CRAVES ITS RIGHTS TO ADD, AMEND, OR ALTER ANY OF THE GROUNDS ON OR BEFORE THE HEARING. 2. THE HEARING OF THE APPEAL WAS CONCLUDED THROUGH VIDEO CONFERENCE IN VIEW OF THE PREVAILING SITUATION OF COVID-19 PANDEMIC. 3. AT THE TIME OF HEARING, THE ASSESSEE MOVED AN APPLICATION FOR WITHDRAWAL OF THE PRESENT APPEAL. 4. THE LD. CIT-DR HAS RAISED NO OBJECTION, IF THE BENCH PERMITS THE ASSESSEE TO WITHDRAW ITS APPEAL. 5. CONSIDERING THE APPLICATION FILED BY THE ASSESSEE FOR WITHDRAWAL OF THE APPEAL, WE PERMIT THE ASSESSEE TO WITHDRAW ITS APPEAL. 6. IN THE RESULT, THIS APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 05 TH OCTOBER, 2021. SD/- SD/- FOE FLAG ;KNO LANHI XLKA (VIKRAM SINGH YADAV) (SANDEEP GOSAIN) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 05/10/2021 *RANJAN ITA 82/JP/2021_ TRIMURTY COLONIZERS & BUILDERS P LTD. VS ACIT/DCIT 3 VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- TRIMURTY COLONIZERS AND BUILDERS PRIVATE LIMITED, JAIPUR. 2. IZR;FKHZ @ THE RESPONDENT- THE A.C.I.T./D.C.I.T., CIRCLE-6, JAIPUR. 3. VK;DJ VK;QDR @ CIT 4. VK;DJ VK;QDRVIHY @ THE CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR, ITAT, JAIPUR 6. XKMZ QKBZY @ GUARD FILE (ITA NO. 82/JP/2021) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR