Dr. Laliteshwr Pd. Yadav, V. DCIT,

ITA 89/RAN/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 85427 (ITAT-RANCHI)
• Duration Of Justice: 1 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-11-2014
• Appeal Filed By: Assessee
• Bench Allotted: SMC
• Assessment Year: 1991-1992
• Appeal Filed On: 01-11-2013
• Court: TRIBUNAL
• Department Lawyers: CHOWDHURY ORAM JCITLD
• Assessee Lawyers: S K PODDAR; M K CHOUDHARY S LD ARS
• Section: 2

Judgement Text

INCOME TAX APPELLATE TRIBUNAL, CIRCUIT BENCH, RANCHI BEFORE HON'BLE SHRI H.L. KARWA, PRESIDENT , AND HON'BLE SHRI B.R. BASKARAN, ACCOUNTANT M EMBER ITA NO S . 89,90 & 91/RANCHI/13 A.Y S 1991 - 92, 92 - 93 & 93 - 94 DR. LALITESHWAR PR ASAD YADAV VS. DCIT, CENTRAL CIR - 1, RANCHI PAN: AAAPY8872C ( APPELLANT ) ( RESPONDENT ) FOR THE APPELLANT : S/ SH RI S .K PODDAR & M.K CHOUDHARY, ADVOCATES, LD.ARS FOR THE RESPONDENT : CHOWDHURY ORAM, JCIT/LD.DR DATE OF HEARING : 24 - 11 - 2014 DATE OF PRONOUNCEMENT: 24 - 11 - 201 4 ORDER SHRI B.R. BASKA RAN, ACCOUNTANT M EMBER : ALL THESE THREE APPEALS FILED BY THE ASSESSEE ARE DIRECTED AGAINST THE SEPARATE ORDER S DATED 05/09/2013 PASSED BY LD. CIT(A) , RANCHI AND THEY RELATE TO THE ASSESSMENT YEAR S 1991 - 92, 92 - 93 & 93 - 94 RESPECTIVELY . SINCE IDENTICAL ISS UES ARE INVOLVED IN ALL THESE THREE APPEALS, THEY WERE HEARD TOGETHER AND BEING DISPOSE OF BY THIS COMMON ORDER FOR THE SAKE OF CONVENIENCE. 2. IN ALL THESE APPEALS, THE ASSESSEE IS CHALLENGING THE PENALTY LEVIED U/S 271(1)(C) OF THE ACT. WE NOTICE THAT THE ASSESSING OFFICER HAS PASSED THE PENALTY ORDERS FOR ALL THE THREE YEARS ON 28 - 05 - 2007. WE FURTHER NOTICED THAT THE LD.CIT(A) HAS PASSED THE ORDERS IN QUANTUM ASSESSMENT PROCEEDINGS ON THE FOLLOWING DATES: - A.Y 1991 - 92 21 - 04 - 2004 A.Y 1992 - 93 20 - 04 - 2004 A.Y 1993 - 94 23 - 04 - 2004 2 ITA NO S. 89,90,91/RAN/2013 - AM - DR.LALITESHWAR YADAVV 2.1 THERE IS NO DISPUTE WITH REGARD TO THE FACTS THAT THE ASSESSEE HAD ACCEPTED THE ADDITIONS IN RESPECT OF WHICH THE PENALTY HAS BEEN IMPOSED U/S. 271(1)( C) OF THE ACT IN ALL THE THREE YEARS UNDER CONSIDERATION. IN THE PENALTY ORDERS ALSO, THE AO IS MAKING REFERENCE TO THE APPELLATE ORDERS PASSED BY LD CIT(A) ONLY. THE PROVISIONS OF SECTION 271(1)( C) PRESCRIBES THE TIME LIMIT FOR IMPOSING PENALTY . ACCORDING TO THE PROVISO TO SECTION 275(1)(A) OF THE ACT AN ORDER IMPOSING PENALTY SHALL BE PASSED BEFORE THE EXPIRY OF THE FINANCIAL YEAR IN WHICH THE PROCEEDINGS, IN THE COURSE OF WHICH ACTION FOR IMPOSITION OF PENALTY HAS BEEN INITIATED, ARE COMPLETED, OR WITHIN ONE YEAR FROM THE END OF THE FINANCIAL Y E AR IN WHICH THE ORDER OF THE COMMISSIONER (APPEALS) IS RECEIVED BY THE COMMISSIONER , WHICHEVER IS LATER. 2.2. IN THE INSTANT CASES, WE ALREADY NOTICED THAT THE LD.CIT(A) HAS PASSED THE ORDERS IN THE QUANTUM ASSESSMENT PROCEEDINGS IN THE MONTH OF APRIL 2004 . HENC E, THE ASSESSING OFFICER SHOULD HAVE PASSED THE ORDERS FOR IMPOSING PENALTY BEFORE APRIL 2005 . HOWEVER, THE ASSESSING OFFICER HAS PASSED THE ORDERS ONLY IN MAY 2007 . HENCE, A LL THE THREE IMPUGNED ORDERS ARE BARRED BY LIMITATION. 2.3 IN VIEW OF ABOVE, WE SET ASIDE THE ORDERS PASSED BY THE LD. CIT(A) CONFIRMING THE PENALTIES LEVI E D BY THE ASSESSING OFFICER IN ALL THE THREE YEARS AND QUASH THE PENALTY ORDERS PASSED BY THE ASSESSING OFFICER. 3 . IN THE RESULT, ALL THE THREE APPEAL S FILED BY THE ASSESS EE ARE ALLOWED . ORDER PRONOUNCED IN THE OPEN COURT ON 24 - 11 - 2014 SD/ - SD/ - [ H.L. KARWA ] [ B.R. BASKARAN ] PRESIDENT ACCOUNTANT MEMBER DAT E: 24.11.2014 PLACE : RANCHI PP, SR. PS 3 ITA NO S. 89,90,91/RAN/2013 - AM - DR.LALITESHWAR YADAVV COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT : DR.LALITESHWAR PRASAD YADAV,AYODHA ENCLAVE,DIPATOLI, RANCHI 2 THE RESPONDENT: CIT/DCIT,CENTRAL CIRCLE - 1,RANCHI 3. .THE CIT, 4.THE CIT(A), 5.DR, ITAT CIRCUIT BE NCH, RANCHI 6. GUARD FILE. TRUE COPY, BY ORDER, ASSTT. REGISTRAR 4 ITA NO S. 89,90,91/RAN/2013 - AM - DR.LALITESHWAR YADAVV 1. DATE OF DICTATION ............. 24 - 11 - 2014 ....................... 2. DATE ON WHICH THE TYPED D RAFT IS PLACED BEFORE THE DICTATING MEMBER ........................OTHER MEMBER ....... 2 6 - 11 - 2014 ........................ 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S./P.S. ..................... 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT.................................. 24 - 11 - 2014 ................................................... 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S./P.S ................ 6. DATE ON WHICH THE FILE GOES TO THE BENC H CLERK ....................................... 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ......................................... 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER ............................ ..................................................................... 9. DATE OF DESPATCH OF THE ORDER ..............................................................