Baljinder Singh, Jalandhar V. DCIT, Intl. Taxation, Chandigarh

ITA 883/CHANDI/2019

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 6739 (ITAT-CHANDIGARH)
• Duration Of Justice: 2 year(s) 2 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-08-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 03-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Period of limitation; Time period of passing order
• Section: 271(1)(c)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, A,CHANDIGARH , & , BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND MS. ANNAPURNA GUPTA, ACCOUNTANT MEMBER ./ ITA NO. 883/CHD/2019 / ASSESSMENT YEAR : 2008-09 SHRI BALJINDER SINGH, VILLAGE DHANDOWAL, PO SHAHKOT, JALANDHAR THE DCIT, (INTERNATIONAL TAXATION) , CHANDIGARH ./PAN NO: HGMPS0744C / APPELLANT /RESPONDENT HEARING THOUGH VIDEO CONFERENCING /ASSESSEE BY : SHRI ASHRAY SARNA, C.A. / REVENUE BY : SMT. MEENAKSHI VOHRA, ADDL. CI T % /DATE OF HEARING : 16.08.2021 % / DATE OF PRONOUNCEMENT : 23. 08.2021 / ORDER PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASSESS EE AGAINST THE ORDER DATED 10.05.2018 OF THE COMMISSIONER OF INCO ME TAX (APPEALS)- 43, NEW DELHI [HEREINAFTER REFERRED TO AS CIT(A)] AGITATING THE CONFIRMATION OF PENALTY LEVIED BY THE ASSESSING OFF ICER U/S 271(1)(C) OF THE INCOME TAX ACT,1961(IN SHORT THE ACT). ITA NO. 883-CHD-2019- SHRI BALJINDER SINGH, JALANDHAR 2 2. THERE IS A DELAY OF 111 DAYS IN FILING THE PRESE NT APPEAL. A SEPARATE APPLICATION HAS BEEN MOVED BY THE ASSESSEE FOR CONDONATION OF DELAY. CONSIDERING THE AVERMENTS MADE IN THE APPLI CATION, BECAUSE OF WHICH THE ASSESSEE COULD NOT FILE THE PRESENT APPEA L DURING THE LIMITATION PERIOD, AS SUFFICIENT CAUSE, THE DELAY IN FILING TH E PRESENT APPEAL IS HEREBY CONDONED. 3. AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE HAS INVITED OUR ATTENTION TO THE IMPUGNED PENALTY ORDER PASSED BY T HE ASSESSING OFFICER U/S 271(1)(C) OF THE ACT, WHEREIN, THE PENA LTY HAS BEEN LEVIED BY THE ASSESSING OFFICER ON TWO COUNTS, FIRSTLY, IN RESPECT OF ADDITION OF RS. 7 LACS ON ACCOUNT OF UNEXPLAINED INCOME AND ANOTHER ADDITION OF RS. 5 LACS IN RESPECT OF UNEXPLAINED SOURCE OF I NVESTMENT IN INSURANCE POLICIES. THE LD. COUNSEL HAS FURTHER INV ITED OUR ATTENTION TO THE APPELLATE ORDER DATED 15.3.2019 OF THE LD. C IT(A), NEW DELHI PASSED IN APPEAL NO. 59/2017-18 IN RESPECT OF ASSES SMENT YEAR 2008- 09. THE LD. COUNSEL HAS FURTHER BROUGHT OUR ATTENTI ON TO THE RELEVANT PARA OF THE ORDER TO POINT OUT THAT BOTH THE ADDITI ONS OF RS. 7 LACS AND 5 LACS MADE BY THE ASSESSING OFFICER IN THE ASS ESSMENT ORDER DATED 18.3.2016 FOR ASSESSMENT YEAR 2008-09 STAND D ELETED BY THE LD. CIT(A) VIDE AFORESAID ORDER DATED 15.3.2019. SINCE THE VERY ADDITIONS MADE BY THE ASSESSING OF FICER HAVE BEEN ITA NO. 883-CHD-2019- SHRI BALJINDER SINGH, JALANDHAR 3 DELETED ON THE BASIS OF WHICH THE IMPUGNED PENALTY WAS LEVIED, HENCE, THE IMPUGNED PENALTY HAS NO LEGS REMAIN TO S TAND. THEREFORE, THE IMPUGNED PENALTY IS ORDERED TO BE DELETED. IN THE RESULT, THE APPEAL OF THE ASSESSEE STANDS A LLOWED. ORDER PRONOUNCED ON 23.08.2021. SD/- SD/- ( & / ANNAPURNA GUPTA) / ACCOUNTANT MEMBER ( / SANJAY GARG) / JUDICIAL MEMBER DATED : 23.08.2021 .. ,-.- / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. / / CIT 4. / ( )/ THE CIT(A) 5. - 2 , %2 , 4 / DR, ITAT, CHANDIGARH 6. / GUARD FILE / BY ORDER, / ASSISTANT REGISTRAR