M/s. J.C. Associates, Surat V. The ACIT.,Cent.Circle-2, Surat

ITA 927/AHD/2010

• Counselvise Citation: 92720514 RSA 2010
• Duration Of Justice: 2 year(s) 8 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-12-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 08-11-2012
• Assessment Year: 2007-2008
• Appeal Filed On: 29-03-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D K SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, C BENCH, AHMEDABAD BEFORE SHRI A. K. GARODIA, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER I.T.A. NO. 926/ AHD/2010 (ASSESSMENT YEAR 2007-08) JAGDISHCHANDRA C SHAH (KUTCHWALA) KACHWALA STREET, GOLWAD, VYARA, VS. ACIT, CC-2, SURAT PAN/GIR NO. : AELPS2184N I.T.A.NO. 927/AHD/2010 (ASSESSMENT YEAR 2007-08) J. C. ASSOCIATES, VS. ACIT, CC-2, KACHWALA STREET, SURAT GOLWAD, VYARA PAN NO. AAFFJ 3318P (APPELLANT) .. (RESPONDENT) APPELLANT BY: NONE (WRITTEN SUBMISSIONS) RESPONDENT BY: SHRI D K SINGH, SR. DR DATE OF HEARING: 08.11.2012 DATE OF PRONOUNCEMENT: 14.12.2012 O R D E R PER SHRI A. K. GARODIA, AM:- BOTH THESE APPEALS ARE FILED BY TWO DIFFERENT ASSE SSEES AND BOTH ARE DIRECTED AGAINST TWO SEPARATE ORDERS OF LD. CIT(A) II, AHMEDABAD BOTH DATED 09.02.2010 RELATING TO THE SAME ASSESSMENT YE AR. BOTH THESE APPEALS WERE HEARD TOGETHER AND ARE BEING DISPOSED OF BY WAY OF THIS COMMON ORDER FOR THE SAKE OF CONVENIENCE. 2. IN BOTH THE CASES, THE ASSESSEE IS DISPUTING THE LEVY OF PENALTY U/S 271(1)(C) OF THE INCOME TAX ACT, 1961, TO THE EXTEN T OF RS.80,47,500/- IN I.T.A.NOS.926 & 927 /AHD/2010 2 THE CASE OF SHRI J C SHAH IN I.T.A.NO. 926/AHD/2010 AND RS.31.87 LACS IN THE CASE OF M/S. J C ASSOCIATES IN I.T.A.NO. 927/AH D/2010. 3. IN RESPECT OF BOTH THESE APPEALS, IT WAS SUBMITT ED BY THE LD. A.R. THAT IN QUANTUM PROCEEDINGS, THE TRIBUNAL HAS RESTO RED THE MATTER BACK TO THE FILE OF THE A.O. FOR A FRESH DECISION AS PER TH E COMBINED TRIBUNAL ORDER DATED 21.09.2012 IN I.T.A.NO. 239 & 240/AHD/2010. IT WAS FURTHER SUBMITTED THAT UNDER THESE FACTS, THE PENALTY CANNO T SURVIVE. 4. LD. D.R. OF THE REVENUE SUPPORTED THE ORDERS OF AUTHORITIES BELOW. 5. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS, PERUSE D THE MATERIAL ON RECORD AND HAVE GONE THROUGH THE ORDERS OF AUTHORIT IES BELOW AND THE CITED TRIBUNAL ORDER IN BOTH THESE CASES IN QUANTUM PROCEEDINGS. AS PER THIS COMBINED ORDER OF THE TRIBUNAL IN QUANTUM PROC EEDINGS, THE ADDITIONS WERE RESTORED BACK TO THE FILE OF THE A.O. FOR A FR ESH DECISION. HENCE, THE PRESENT PENALTY ORDER IN BOTH THESE CASES CANNOT SU RVIVE. THE A.O. IS AT LIBERTY TO INITIATE PENALTY PROCEEDINGS AGAIN IF TH E ADDITION IS AGAIN MADE BY HIM IN THE SET ASIDE PROCEEDINGS. 6. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE ARE ALLOWED IN TERMS INDICATED ABOVE. 7. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE M ENTIONED HEREINABOVE. SD./- SD./- (KUL BHARAT) (A. K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER SP COPY OF THE ORDER FORWARDED TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE LD. CIT (APPEALS) 5. THE DR, AHMEDABAD BY ORDER 6. THE GUARD FILE AR,ITAT,AHMEDABAD I.T.A.NOS.926 & 927 /AHD/2010 3 1. DATE OF DICTATION 06.12.12 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 06.12.12.OTHER MEMBER 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 D ICTATING MEMBER FOR PRONOUNCEMENT 14/12/2012 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S./P.S.14/12 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 14/12/2012 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK .. 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER . 9. DATE OF DESPATCH OF THE ORDER. .