CHANDRIKA TAPURIAH, KOLKATTA V. ASST CEN CIR 2, MUMBAI

ITA 827/MUM/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 5513 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-07-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 03-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJAT MITTAL

Judgement Text

P A G E | 1 ITA NO. 827/MUM/2017 AY. 2009 - 10 CHANDRIKA TAPURIAH VS. ACIT C.C. 2 IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, M UMBAI BEFORE SHRI G. MANJUNATHA , AM AND SHRI RAVISH SOOD, JM ITA NO. 827/MUM/2017 ( / ASSESSMENT YEAR:2009 - 10 ) CHANDRIKA TAPURIAH 9, ROWDON STREET, UDANCHAL BLDG, FLAT NO. 20, 5 TH FLOOR, KOLKATA - 700017 / VS. ASSTT. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE - 2 MUMBAI ./ ./ PAN NO. ABPPT9474K ( / APPELLANT) : ( / RESPONDENT) / APPELLANT BY : NONE (WRITTEN SUBMISSIONS) / RESPONDENT BY : SHRI RAJAT MITTAL, D .R / DATE OF HEARING : 09.07 .2018 / DATE OF PRONOUNCEMENT : 1 3 .07.2018 / O R D E R PER RAVISH SOOD, JUDICIAL MEMBER: THE PRESENT APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) - 36, MUMBAI , DATED 29.11.2012, WHICH IN ITSELF ARISES FROM THE ORDER PASSED BY THE A.O UNDER SEC.271(1)(C) OF THE INCOME TAX ACT, 1961 (FOR SHORT ACT), DATED 28.03.2014. 2. BRIEFLY STATED, THE ASSESSEE HAD FILED HER RETURN OF INCOME ON 31.03.2011, DECLARING TOTAL IN COME OF RS.5,64,240/ - . THE CASE OF THE ASSESSEE WAS THEREAFTER SELECTED FOR SCRUTINY ASSESSMENT UNDER SEC.143(2). P A G E | 2 ITA NO. 827/MUM/2017 AY. 2009 - 10 CHANDRIKA TAPURIAH VS. ACIT C.C. 2 3. THE A.O DURING THE COURSE OF THE ASSESSMENT PROCEEDINGS OBSERVED THAT THE ASSESSEE HAD MADE CASH DEPOSITS AGGREGATING TO RS.1,43,00 0 / - IN H ER HDFC BANK LTD. A/C NO. 01051000102078 AND ORIENTAL BANK OF COMMERCE A/C NO. 02861010000890, AS UNDER: DATE NAME OF THE BANK A/C NO. AMOUNT 06.01.2009 HDFC BANK 01051000102078 14000 13.05.2008 HDFC BANK 01051000102078 37000 20.05.2008 HDFC BANK 01051000102078 50000 30.04.2008 ORIENTAL BANK OF COMMERCE 02861010000890 42000 TOTAL 143000 THAT AS THE ASSESSEE FAILED TO EXPLAIN THE NATURE AND SOURCE OF THE AFORESAID CASH DEPOSITS, THEREFORE, THE SAME WAS ADDED BY THE A.O TO HER RETURNED INCOME UNDER SEC.68 OF THE ACT. THE AFORESAID ADDITION MADE BY THE A.O WAS THEREAFTER CONFIRMED BY THE CIT(A), VIDE HIS ORDER DATED 29.11.2012. THE A.O AFTER RECEIVING THE ORDER PASSED BY THE CIT(A) IMPOSE D A PENALTY OF RS.44,187/ - UNDER SEC.271( 1)(C) . 4 . AGGRIEVED, THE ASSESSEE ASSAILED THE PENALTY IMPOSED BY THE A.O UNDER SEC. 271(1)(C) IN APPEAL BEFORE THE CIT(A). HOWEVER, THE CIT(A) NOT FINDING FAVOUR WITH THE CONTENTION S ADVANCED BY THE ASSESSEE , UPHELD THE PENALTY IMPOSED BY THE A.O UNDER SEC. 271(1)(C). 5 . THE ASSESSEE BEING AGGRIEVED WITH THE ORDER OF THE CIT(A) UPHOLDING THE PENALTY IMPOSED BY THE A . O UNDER SEC.271(1)(C) HAS CARRIED THE MATTER IN APPEAL BEFORE US. THE ASSESSEE HAD FILED BEFORE US WRITTEN SUBMISSIONS, DATED 15.06.2018. IT IS STATED BY THE ASSESSEE THAT THE TRIBUNAL WHILE DISPOSING OFF HER QUANTUM APPEAL F OR THE YEAR UNDER CONSIDERATION I.E A.Y 2009 - 10, V IZ. CHANDRIKA TAPURIAH VS. ACIT , CENTRAL CIRCLE - 2, MUMBAI [ ITA NO. 771/MUM/20 13, DATED 07.11.2014 ] (COPY ENCLOSED), HAD SET ASIDE THE ADDITION OF RS. 1,43,000/ - TO THE FILE OF THE A.O FOR FRESH ADJUDICATION. IT WAS SUBMITTED BY THE LD. A.R THAT NOW WHEN THE QUANTUM ISSUE HAD BEEN RESTORED BY THE TRIBUNAL TO THE FILE OF THE A.O, THE REFORE , THE PENALTY IMPOSED UNDER SEC.271(1)(C) MAY ALSO BE SET ASIDE TO THE FILE OF THE A.O FOR FRESH P A G E | 3 ITA NO. 827/MUM/2017 AY. 2009 - 10 CHANDRIKA TAPURIAH VS. ACIT C.C. 2 ADJUDICATION. PER CONTRA, THE LD. DEPARTMENTAL REPRESENTATIVE (FOR SHORT D.R) DID NOT CONTROVERT THE FACTUAL POSITION AS AVERRED BY THE ASSESSEE IN HER WRITTEN SUBMISSIONS. 6 . WE HAVE PERUSED THE ORDER PASSED BY THE TRIBUNAL WHILE DISPOSING OFF THE QUANTUM APPEAL OF THE ASSESSEE FOR THE YEAR UNDER CONSIDERATION , VIZ. CHANDRIKA TAPURIAH VS. ACIT CENTRAL CIRCLE - 2, MUMBAI (ITA NO. 771/MUM/2013, DATED 07.11. 2014) AND FIND THAT THE TRIBUNAL HAD RESTORED THE QUANTUM ADDITION OF RS.1,43,000/ - TO THE FILE OF THE A.O FOR FRESH ADJUDICATION . WE ARE OF THE CONSIDERED VIEW THAT AS THE QUANTUM ADDITION IN ITSELF HA D BEEN RESTORED TO THE FILE OF THE A.O FOR FRESH ADJUD ICATION, THEREFORE, THE PENALTY IMPOSED UNDER SEC.271(1)(C) ALSO HAS TO BE SET ASIDE TO THE FILE OF THE A.O , WITH A DIRECTION TO RE - ADJUDICATE THE SAME AFTER PASSING OF THE FRESH ASSESSMENT ORDER . WE THUS, IN TERMS OF OUR AFORESAID OBSERVATIONS SET ASIDE THE ORDER IMPOSING PENALTY UNDER SEC. 271(1)(C) TO THE FILE OF THE A.O. 7 . THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PR ONOUNCED IN THE OPEN COURT ON 1 3 .07.2018 S D / - S D / - ( G. MANJUNATHA ) ( RAVISH SOOD ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; 13 .07 .201 8 PS. ROHIT P A G E | 4 ITA NO. 827/MUM/2017 AY. 2009 - 10 CHANDRIKA TAPURIAH VS. ACIT C.C. 2 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI