AUTOLITE(INDIA) LTD., Jaipur V. DIRECTOR OF INCOME TAX, I&CI, Jaipur

ITA 98/JPR/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 5345 (ITAT-JAIPUR)
• Duration Of Justice: 2 year(s) 2 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-04-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 07-02-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJ MEHRA JCIT DHK
• Assessee Lawyers: M GARG

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T; IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH VKJ-IH-RKSYKUH] U;KF;D LNL; ,OA JH FOE FLAG ;KN O] YS[KK LNL; DS LE{K BEFORE: SHRI R.P. TOLANI, JM & SHRI VIKRAM SINGH YA DAV, AM VK;DJ VIHY LA-@ ITA NO.98/JP/14 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 20009-10 M/S AUTOLITE (INDIA) LTD., D-469, ROAD NO.9, VKI AREA, JAIPUR CUKE VS. DIRECTOR OF INCOME TAX, I & CI, JAIPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. AABCA 4083 B VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS @ ASSESSEE BY : SHRI M. GARG (C.A.) JKTLO DH VKSJ LS@ REVENUE BY :S HRI RAJ MEHRA(JCIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 26.2.2016 ?KKS'K .KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 22/04/2016. VKNS'K@ ORDER PER SHRI R.P. TOLANI, JM THIS IS AN ASSESSEES APPEAL FILED AGAINST THE ORD ER OF LD. CIT(A)-2, JAIPUR DATED 20.12.2013 WHEREIN THE ASSESSEE HAS TAKEN FOL LOWING GROUND OF APPEAL: THAT THE LD. CIT(A) HAS ERRED IN CONFIRMING THE LE VY OF PENALTY UNDER THE PROVISIONS OF SECTION 271F OF THE IT ACT, LEVY OF PENALTY OF RS. 48,580/- UNDER THE PROVISIONS OF SECTION 271F IS ILLEGAL, UNJUSTIF IED AND EXCESSIVE. 2. THE PENALTY IMPOSED BY AO WAS CONFIRMED BY TH E LD. CIT(A) HOLDING THAT DELAY IN FILING ANNUAL INFORMATION REPORT (AI R) WAS NOT EXPLAINED SATISFACTORILY BY THE ASSESSEE. 2.1 THE LD. COUNSEL FOR THE ASSESSEE CONTENDED THAT THE ASSESSEE COMPANY HAD ENGAGED A CHARTERED ACCOUNTANT FIRM VIZ. M/S E- FILE SOLUTIONS, JAIPUR FOR FILING THE TAXATION RETURN LIKE QUARTERLY TDS RETUR NS BEING 24Q, 26Q, 27EQ AND ANNUAL INFORMATION RETURN RELATING TO ISSUE OF SHAR ES AND RAJASTHAN VAT RETURN QUARTERLY AND ANNUALLY FOR FINANCIAL YEAR 2008-09. THE COMPANY WAS UNDER THE ITA NO. 98/JP/14 M/S AUTOLITE (INDIA ) LTD. JAIPUR VS. D.I.(I&CI), J AIPUR 2 IMPRESSION THAT THOSE RETURNS HAVE DULY BEEN FILED BY THE SAID CONCERN AS IT HAS BEEN ASSURED BY THEM THAT ALL RETURNS HAVE BEEN FIL ED. WHEN LETTER DATED 9.12.2010 WAS RECEIVED BY THE COMPANY ON 16.12.2010 IN WHICH THE COMPANY WAS REQUESTED TO FILE THE AIR IN RESPECT OF ISSUE O F SHARES WITHIN 15 DAYS OF THE RECEIPT OF THE NOTICE AND INTIMATE BY FURNISHING A COPY OF RECEIPT ISSUED BY NSDL FOR FILING OF AIR, THE COMPANY APPROACHED THE FIRM M/S E-FILE SOLUTIONS FOR PROVIDING THE RECEIPT REGARDING FILING OF RETUR N BUT IT WAS INFORMED BY THEM THAT RECEIPT WAS NOT AVAILABLE. THEREFORE THE COMP ANY BECAME AWARE THAT THE RETURN HAS NOT BEEN FILED AND THE COMPANY IMMEDIATE LY FILED THE RETURN ON 30.12.2010 BEING WITHIN 15 DAYS FROM THE RECEIPT OF NOTICE. 2.2 SINCE THE DELAY IS TECHNICAL AND IMMEDIATELY AF TER RECEIVING NOTICE THE ASSESSEE FILED THE RETURN, THERE IS NO DELIBERATE D ELAY . RELIANCE IN THIS REGARD IS PLACED ON THE DECISION OF HONBLE GUJARAT HIGH COUR T IN THE CASE OF PATAN NAGRIK SAHAKARI BANK LTD. VS. DIT REPORTED IN 338 I TR 167 IN THIS BEHALF. 2.2 THE LD. DR RELIED ON THE ORDER OF THE CIT(A). 2.3 WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. THE ASSESSEE HAS ENGAGED A PROFESSIONAL TO TAKE CARE OF COMPLIANCE OF REQUIREMENTS. THEREFORE, IT CANNOT BE HELD DIRECT RESPONSIBLE FOR DELAY IN FILING THE AIR RETURN. THE ASSESSEE A FTER RECEIVING NOTICE IMMEDIATELY FILED THE RETURN. THERE IS NO REVENUE IMPLICATIONS. IN OUR CONSIDERED VIEW IT IS NOT A FIT CASE FOR LEVY OF P ENALTY U/S 271F. THE SAME IS DELETED AND THE APPEAL FILED BY THE ASSESSEE IS A LLOWED. IN THE RESULT THE APPEAL FILED BY THE ASSESSEE IS A LLOWED ORDER PRONOUNCED IN THE OPEN COURT ON 22/04 /2016. SD/- SD/- (VIKRAM SINGH YADAV) (R.P . TOLANI) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER JAIPUR DATED:- 22/ 04 /2016 ITA NO. 98/JP/14 M/S AUTOLITE (INDIA ) LTD. JAIPUR VS. D.I.(I&CI), J AIPUR 3 PILLAI VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT- M/S AUTOLITE (INDIA) LTD.JAIPUR 2. THE RESPONDENT- THE DIRECTOR OF INCOME TAX I & C I JAIPUR 3. THE CIT(A) 2, JAIPUR 4. THE CIT-II, JAIPUR 5. THE DR, ITAT, JAIPUR 6. GUARD FILE (ITA NO. 98/JP/14) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR ITA NO. 98/JP/14 M/S AUTOLITE (INDIA ) LTD. JAIPUR VS. D.I.(I&CI), J AIPUR 4 ITA NO. 98/JP/14 M/S AUTOLITE (INDIA ) LTD. JAIPUR VS. D.I.(I&CI), J AIPUR 5 ITA NO. 98/JP/14 M/S AUTOLITE (INDIA ) LTD. JAIPUR VS. D.I.(I&CI), J AIPUR 6 ITA NO. 98/JP/14 M/S AUTOLITE (INDIA ) LTD. JAIPUR VS. D.I.(I&CI), J AIPUR 7 ITA NO. 98/JP/14 M/S AUTOLITE (INDIA ) LTD. JAIPUR VS. D.I.(I&CI), J AIPUR 8 ITA NO. 98/JP/14 M/S AUTOLITE (INDIA ) LTD. JAIPUR VS. D.I.(I&CI), J AIPUR 9 ITA NO. 98/JP/14 M/S AUTOLITE (INDIA ) LTD. JAIPUR VS. D.I.(I&CI), J AIPUR 10