Sh. Karam Singh, Ludhiana V. ITO, Ludhiana

ITA 859/CHANDI/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 80936 (ITAT-CHANDIGARH)
• Duration Of Justice: 1 year(s) 1 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-10-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 15-10-2014
• Assessment Year: 2005-2006
• Appeal Filed On: 23-08-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANJIT SINGH
• Assessee Lawyers: S C JAIN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES B CHANDIGARH BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI T.R. SOOD, ACCOUNTANT MEMBER ITA NO. 859/CHD/2013 ASSESSMENT YEAR: 2005-06 SH. KARAM SINGH , VS. THE ITO LUDHIANA V(2) LUDHIANA PAN NO.AABFM7183P (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI S.C.JAIN RESPONDENT BY : SHRI. MANJIT SINGH DATE OF HEARING : 15/10/2014 DATE OF PRONOUNCEMENT : 17/10/2014 ORDER PER T.R.SOOD, A.M. THE APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE LD. CIT(APPEALS)-II, LUDHIANA O N 25/02/2013. IN THIS APPEAL ONLY DISPUTE WHICH HAS BEEN RAISED B Y THE ASSESSEE IS REGARDING LEVY OF PENALTY U/S 271(I)(C) . 2. AFTER HEARING BOTH THE PARTIES WE FIND THAT PENA LTY U/S 271(1)(C) HAS BEEN LEVIED MAINLY BECAUSE ASSESSEE H AS NOT SHOWN FULL CONSIDERATION ON SALE OF PLOTS WHICH HAS BEEN CONFIRMED BY THE LD. CIT. 3. BEFORE US LD. COUNSEL FOR THE ASSESSEE SUBMITTE D THAT ISSUE IS COVERED BY THE ORDER OF TRIBUNAL IN ASSESS EES BROTHER CASE IN ITA NO. 898/CHD/2013. 4. ON THE OTHER HAND LD. DR SUBMITTED THAT IN THIS CASE LD. CIT HAS GIVEN DETAILED FINDINGS. 5. AFTER CONSIDERING THE RIVAL SUBMISSIONS CAREFULL Y WE FIND THAT LD. CIT HAS OBSERVED THAT NO WRITTEN SUBMISSIO N HAVE BEEN FILED WHICH MEANS PROPER OPPORTUNITY HAS NOT B EEN GRANTED. THE CASE OF ASSESSEES BROTHER (SUPRA) WA S ALSO REMITTED BACK TO THE FILE OF ASSESSING OFFICER. THE REFORE, FOLLOWING THE SAME IN THIS CASE ALSO WE SET ASIDE T HE ORDER OF LD. CIT(A) AND REMIT BACK THE SAME TO HIS FILE WITH A DIRECTION TO ADJUDICATE THE ISSUE AFTER PROVIDING A DEQUATE OPPORTUNITY TO THE ASSESSEE. ASSESSEE IS ALSO DIREC TED TO CO- OPERATE IN THE APPEAL PROCEEDINGS. 6. IN THE RESULT APPEAL IS ALLOWED FOR STATISTICAL PURPOSES ORDER PRONOUNCED IN THE OPEN COURT ON 17/10/2014 SD/- SD/- (BHAVNESH SAINI) (T.R. SOOD) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 17 TH OCTOBER 2014 AG COPY TO: THE APPELLANT, THE RESPONDENT, THE CIT, TH E CIT(A), THE DR