The House Lay His Appartment Coop GH Society Limited, Panchkula V. JCIT, Range 3, Panchkula

ITA 88/CHANDI/2022

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 133752 (ITAT-CHANDIGARH)
• Duration Of Justice: 1 year(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-03-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Next Hearing Date: 27-02-2023
• Assessment Year: 2017-2018
• Appeal Filed On: 17-02-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside

Judgement Text

आयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरणआयकर अपीलीय अिधकरण आयकर अपीलीय अिधकरण,च瀃डीगढ़ 瀈यायपीठ च瀃डीगढ़ 瀈यायपीठच瀃डीगढ़ 瀈यायपीठ च瀃डीगढ़ 瀈यायपीठ , च瀃डीगढ़ च瀃डीगढ़च瀃डीगढ़ च瀃डीगढ़ IN THE INCOME TAX APPELLATE TRIBUNAL, CHANDIGARH BENCH ‘SMC’ CHANDIGARH BEFORE: SMT. DIVA SINGH, JUDICIAL MEMBER आयकर आयकरआयकर आयकर अपील अपीलअपील अपील सं संसं सं./ ITA No. 88/CHD/2022 Assessment Year. : 2017-18 The House Lay His Apartment Coop GH Society Ltd., GH-8, Sector 27, Panchkula. बनाम VS The JCIT, Range – 3, Panchkula. 瀡थायी लेखा सं./PAN /TAN No: AADAT2819A अपीलाथ牸/Appellant 灹瀄यथ牸/Respondent िनधा榁琇रती क琉 ओर से/Assessee by : Shri Ajay Jain, CA राज瀡व क琉 ओर से/ Revenue by : Shri Akashdeep, JCIT, Sr.DR तारीख/Date of Hearing : 28.02.2023 उदघोषणा क琉 तारीख/Date of Pronouncement : 16.03.2023 आदेश आदेशआदेश आदेश/ORDER The present appeal has been filed by the assessee wherein the correctness of the order dated 20.10.2021 of NFAC, Delhi acting as First Appellate Authority pertaining to 2017-18 assessment year is assailed on the following grounds : 1. That the Learned Assessing Officer and National Faceless Appeal Centre (NFAC) has failed to appreciate the materials on the record and facts of the case. 2. That the order of National Faceless Appeal Centre (NFAC) is erroneous, arbitrary, opposed to law and facts of the case and is, thus untenable. 3. That the Learned Assessing Officer has illegally, wrongly, arbitrarily and without any basis imposed penalty of Rs. 13,19,700/- under Section 271 D of the Income Tax Act, 1961. 4. Any other ground which may be taken up at the time of herring of appeal with the kind permission. ITA 88/CHD/2022 A.Y. 2017-18 Page 2 of 4 2. At the time of hearing, an adjournment application was moved on behalf of the assessee seeking time to file a Paper Book etc. However, at the time of hearing, ld. AR withdrew the application and instead argued the appeal. 3. Both the parties have been heard. 4. A perusal of the record shows that the assessee is found to have accepted Rs.13,19,700/- from various persons in cash. The AO holding that the cash receipt was in violation of the provisions of Section 269SS proceeded to levy penalty u/s 271D. The said order was challenged in appeal by the assessee wherein the penalty imposed was confirmed. 5. Aggrieved the assessee is in appeal. 6. A perusal of the impugned order para 5.1 shows that while dismissing the appeal of the assessee, it has been noticed that no written submissions etc. were available with the First Appellate Authority. Considering the submissions found mentioned in the statement of facts, the appeal was dismissed. 7. The ld. AR in the said background has submitted that the assessee is in process of collecting the information to explain why the specific Co-operative Society received funds in cash from the stated persons. It has also been argued that the order was passed without hearing the assessee. Accordingly, it was his prayer that ITA 88/CHD/2022 A.Y. 2017-18 Page 3 of 4 the impugned order may be set aside to the file of the CIT(A) so that explanation based on facts can be considered. 8. Considering the submissions and the facts recorded in the impugned order, the ld. Sr.DR did not pose any objection. 9. In the aforesaid peculiar facts and circumstances as available on record after hearing the parties, it is deemed appropriate to set aside the order restoring the issue back to the file of the CIT(A) with the direction to pass a speaking order in accordance with law after giving the assessee a reasonable opportunity of being heard. The assessee in its own interest is advised to ensure full and proper participation by filing all relevant facts, submissions and evidences and not abuse the trust reposed as in the eventuality of abuse of the trust reposed, it is made clear the CIT(A) would be at liberty to pass an order on the basis of material available on record. Said order was pronounced in the Open Court at the time of hearing itself. 10. In the result, the appeal of the assessee is allowed for statistical purposes. Order pronounced in the Open Court on 16 th March, 2023. Sd/- (DIVA SINGH) 瀈याियक 瀈याियक瀈याियक 瀈याियक सद瀡य सद瀡यसद瀡य सद瀡य/ Judicial Member “Poonam” ITA 88/CHD/2022 A.Y. 2017-18 Page 4 of 4 आदेश क琉 灹ितिलिप अ灡ेिषत/ Copy of the order forwarded to : 1. अपीलाथ牸/ The Appellant 2. 灹瀄यथ牸/ The Respondent 3. आयकर आयु猴/ CIT 4. िवभागीय 灹ितिनिध, आयकर अपीलीय आिधकरण, च瀃डीगढ़/ DR, ITAT, CHANDIGARH 5. गाड榁 फाईल/ Guard File आदेशानुसार/ By order, सहायक पंजीकार/ Assistant Registrar