Sh. Rajinder Singh, Bhawanigarh V. ACIT, Sangrur

ITA 965/CHANDI/2011

• Counselvise Citation: 96521514 RSA 2011
• Duration Of Justice: 1 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-11-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 05-10-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAI SHREE SHARMA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL:B BENCH: CHA NDIGARH BEFORE SHRI H.L.KARWA, VP & SHRI D K SRIVASTAVA, AM ITA NO. 965/CHD/2011 ASSESSMENT YEAR: 2007-08 SHRI RAJINDER SINGH S/O S.DALIP SINGH, V ACIT, CI RCLE, PROP. SARPANCH PROPERTIES, SANGEHRI. SANGEHARI, BHAWANIGARH. PAN: BGEPS-6883E APPELLANT BY: SHRI SUDHIR SEHGAL RESPONDENT BY: SMT.JAISHREE SHARMA DATE OF HEARING : 30.11.2011 DATE OF PRONOUNCEMENT : 30.11.2011 ORDER D K SRIVASTAVA: THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) ON 26.07.201 1 CONFIRMING PENALTY AMOUNTING TO RS.25,000/- LEVIED BY THE AO U /S 271A OF THE INCOME-TAX ACT,1961. 2. IN SUPPORT OF THE APPEAL, THE LD. COUNSEL FOR TH E ASSESSEE SUBMITTED THAT THE ASSESSEE WAS AGRICULTURIST BEFOR E UNDERTAKING THE BUSINESS AS PROPERTY DEALER AND THEREFORE, WAS NOT AWARE OF LAW ABOUT THE TECHNICALITIES. HE SUBMITTED THAT THE IMPUGNED PENALTY LEVIED FOR NON-MAINTENANCE OF BOOKS OF ACCOUNT SHOULD BE DELET ED. 3. IN REPLY, THE LD. DR SUPPORTED THE ORDER PASSED BY THE CIT(A). 4. WE HAVE HEARD BOTH THE PARTIES. IT IS THE FIRST YEAR OF THE BUSINESS OF THE ASSESSEE. THE ASSESSEE WAS AGRICULT URIST WHICH IS EVIDENT FROM THE FACT THAT HE HAS SHOWN AGRICULTURE INCOME IN HIS RETURN OF INCOME. THE SUBMISSION OF THE ASSESSEE T HAT THE ASSESSEE WAS AN AGRICULTURIST AND THEREFORE, WAS NOT CONVERS ANT WITH THE TECHNICALITIES OF THE LAW AS REGARDS THE MAINTENANC E OF THE BOOKS OF ACCOUNT, DOES NOT SEEM TO BE UNREASONABLE. IN THIS VIEW OF THE MATTER, THE PENALTY LEVIED BY THE AO AND CONFIRMED BY THE CIT(A) IS CANCELLED. 5. APPEAL FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED ON 30 TH NOV.,2011. SD/- SD/- (H.L.KARWA) (D K SRIVAS TAVA) VICE PRESIDENT ACCOUNTANT MEMBER DATED: 30 TH NOV.,2011 POONAM ITA 965 /CHD/2011 SHRI RAJINDER SINGH,BHAWANIGARH 2 COPY TO: 1. THE APPELLANT, 2. THE RESPONDENT, 3. THE CIT(A), 4. THE CIT 5. THE D.R, INCOME-TAX DEPARTMENT, CHANDIGARH ASSISTANT REGISTRAR, ITAT, CHANDIGARH