Juthika Datta, Kolkata V. ITO, Ward - 31(1), Kolkata, Kolkata

ITA 851/KOL/2011

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 54767 (ITAT-KOLKATA)
• Duration Of Justice: 6 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-12-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 03-06-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: A K BANERJEE; S SADHU
• Section: 143(3); 10B

Judgement Text

, ' , , IN THE INCOME TAX APPELLATE TRIBUNAL, B BENCH: KOLKATA ( ) , , . . , , ) [BEFORE SRI MAHAVIR SINGH, J.M. & SRI C.D. RAO, A. M.] ! ! ! ! / I.T.A NO. 851/KOL/2011 '# $% '# $% '# $% '# $% / ASSESSMENT YEAR: 2006-2007 JUTHIKA DATTA, KOLKATA -V- INCOME TAX OFFICER, WARD-31(1), KOLKATA (PAN : ACWPD 7291 A) ( &' &' &' &' /APPELLANT ) ( ()&' ()&' ()&' ()&' / RESPONDENT ) FOR THE APPELLANT ( &' ) : S/SHRI A.K. BANERJEE AND S. SADHU, A.R. FOR THE RESPONDENT ( ()&' ): SHRI A.K. PRAMANICK, D.R. *' + , *' + , *' + , *' + , /DATE OF HEARING: 14.12.2011 -$ , -$ , -$ , -$ , /DATE OF PRONOUNCEMENT: 29 .12.2011 . / ORDER PER SHRI MAHAVIR SINGH, JUDICIAL MEMBER/ , :- THIS APPEAL OF ASSESSEE IS ARISING OUT OF ORDER OF . CIT (A), KOLKATA IN APPEAL NO 23/ CIT(A.)-XIX/ITO, WD. 31(1)/KOL./09-10 DATED 25.04.2 011. ASSESSMENT WAS FRAMED BY ITO, WARD-31(1), KOLKATA U/S 143(3) OF THE INCOME TAX AC T, 1961 (HEREINAFTER TO BE REFERRED TO AS THE ACT) FOR THE ASSESSMENT YEAR 2006-07 VIDE ORD ER DATED 19/12/2008.PENALTY UNDER DISPUTE WAS LEVIED BY ITO, WARD 31(1), KOLKATA U/S. 271(1)( C) OF ACT VIDE HIS ORDER DATED 23/06/2009 FOR THE ASSESSMENT YEAR 2006-07. ITA NO.851/KOL./2011 2 2. THE ONLY ISSUE IN THIS APPEAL OF ASSESSEE IS AGA INST THE ORDER OF CIT(A) CONFIRMING LEVY OF PENALTY UNDER SECTION 271(1)(C) FOR AN AMOUNT OF RS.13,503/-. 3. WE HAVE HEARD RIVAL CONTENTIONS AND GONE THROUGH FACTS AND CIRCUMSTANCES OF THE CASE. BRIEF FACTS ARE THAT THE ASSESSEE IS AN INDIVIDUAL AND CARRYING ON THE BUSINESS OF AGENCY IN THE LINE OF TRADE MARK AND INTELLECTUAL PROPERTY. THE A SSESSEE MAINTAINED BOOKS OF ACCOUNT, REGISTERS AND RELEVANT DOCUMENTS IN THE COURSE OF B USINESS. THE ASSESSEE FURNISHED HER RETURN OF INCOME DECLARING TOTAL INCOME AT RS.4,21,630/- ALON GWITH STATEMENT OF ACCOUNTS OF HER BUSINESS AS WELL AS PERSONAL ACCOUNTS. ASSESSING OFFICER INI TIATED PROCEEDINGS FOR FRAMING ASSESSMENT AND ISSUED NOTICES UNDER SECTION 143(2) ALONGWITH 1 42(1) OF THE ACT. THE ASSESSEE REPLIED EACH AND EVERY NOTICE. DURING THE COURSE OF ASSESSMENT P ROCEEDINGS, ASSESSING OFFICER AFTER GOING THROUGH PERSONAL STATEMENT OF AFFAIRS NOTED THAT IN COME FROM F.D. INTEREST OF RS.26,592/- AND SAVINGS BANK INTEREST OF RS.14,264/- HAS NOT BEEN D ISCLOSED AND ACCORDINGLY HE ADDED THESE TWO INTERESTS TO HER UNDISCLOSED INCOME AT RS.40,85 6/-. THE ASSESSEE DURING THE COURSE OF ASSESSMENT PROCEEDINGS FAIRLY AGREED FOR ADDITION A S STATEMENT GIVEN BY LD. COUNSEL FOR ASSESSEE. LD. COUNSEL FOR THE ASSESSEE NOW BEFORE U S MADE A STATEMENT AT BAR THAT THESE AMOUNTS WERE OFFERED FOR ADDITION BEFORE DEDUCTION AND EVEN THESE WERE DETECTED FROM THE STATEMENTS OF ASSESSEE PRODUCED BEFORE ASSESSING OF FICER DURING THE COURSE OF ASSESSMENT PROCEEDINGS. ACCORDING TO LD. COUNSEL, THIS IS MERE LY A MISTAKE. THE SAME PLEA WAS REPEATED BEFORE ASSESSING OFFICER DURING THE COURSE OF PENAL TY PROCEEDINGS BUT HE LEVIED THE PENALTY BY STATING THAT THE SUBMISSION OF TDS CERTIFICATE TOOK PLACE ONLY AFTER AO DETECTED THE INTEREST INCOME AS ASSESSEE FAILED TO DISCLOSE THE INTEREST INCOME EARNED FROM FDR AND SAVINGS BANK A/C. HENCE, HE LEVIED THE PENALTY AT RS.13,503/- FO R CONCEALING INCOME UNDER SECTION 271(1)(C) OF THE ACT. CIT(A) ALSO CONFIRMED THE LEVY OF PENAL TY. 4. WE FIND THAT THE ASSESSEE HAS DECLARED THESE INT EREST INCOMES FROM FDR AND SAVINGS BANK A/C. IN THE STATEMENT OF AFFAIRS FILED WITH TH E RETURN OF INCOME. ONCE ASSESSEE FILED STATEMENT OF AFFAIRS INCLUDING INTEREST INCOME FROM FDR AND SAVINGS BANK A/C. AMOUNTING TO RS.26,592/- AND RS.14,264/- RESPECTIVELY AND PARTIC ULARLY THESE WERE DETECTED WHEN ASSESSEE FILED TDS CERTIFICATE, WHICH WERE NOT FILED INADVER TENTLY WITH THE RETURN OF INCOME, THE ASSESSEE ITA NO.851/KOL./2011 3 HAS NOT CONCEALED THE INCOME NOR HAS HE FURNISHED I NACCURATE PARTICULARS OF INCOME. HENCE, WE DELETE THE LEVY OF PENALTY CONFIRMED BY CIT(A). 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. / 0 / 0 / 0 / 0 ' 1/ ' 1/ ' 1/ ' 1/ 23 23 23 23 4 4 4 4 2 2 2 2 56 5656 56 ORDER PRONOUNCED IN THE OPEN COURT ON 29 / 12 /20 11. * 7 8 . 29 /12/2011. SD/- SD/- [C.D. RAO/ ( . . ] [MAHAVIR SINGH / ] ACCOUNTANT MEMBER/ JUDICIAL MEMBER/ DATED : 29 / 12/ 2011 COPY OF THE ORDER FORWARDED TO: 1 . MRS. JUTHIKA DATTA, 2A, GANESH CHANDRA AVENUE, 1 ST FLOOR, ROOM NO. 6, KOLKATA-13 2 ITO, WARD-31(1), KOLKATA, 10B & 10C, MIDDLETON ROW, KOLKATA-71 3. COMMISSIONER OF INCOME-TAX (APPEALS)- , KOLKATA 4. CIT- , KOLKATA 5. DR, KOLKATA BENCHES, KOLKATA (TRUE COPY) BY ORDER ASSISTANT REGISTRAR, I.T.A.T., KOLKATA LAHA, SR. P.S.