Bhartiben S.Shah, Baroda V. The ACIT.,Circle-5, Baroda

ITSSA 2/AHD/2009

• Counselvise Citation: [2011] 124 COUNSELVISE.COM (IT) 8136 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 8 month(s) 20 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 26-09-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 24-04-2012
• Assessment Year: misc
• Appeal Filed On: 06-01-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A K PATEL
• Keywords: Block assessment
• Section: 132

Judgement Text

IT(SS)A.NO.2/AHD/2009 BLOCK PERIOD 1.4.95 TO 20-9-2001 IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AH MEDABAD. (BEFORE SHRI MUKUL KR.SHRAWAT & SHRI A.MOHAN ALANK AMONY) I.T.(SS). NO.2/AHD/2009 (BLOCK PERIOD 1-4-1995 TO 20-9-2001) BHARTIBEN S.SHAH, SUBHAM,SHYAM GOKUL SOCIETY, OPP. HARNI AIRPORT, BARODA. (APPELLANT) VS. ASSISTANT COMMISSIONER OF INCOME TAXC,CIRCLE-5, AAYAKAR BHAVAN, RACE COURSE CIRCLE, BARODA. (RESPONDENT) PAN: AFOPS 8896 R APPELLANT BY : NONE RESPONDENT BY : SHRI A.K. PATEL. DATE OF HEARING : 26-09-2011 DATE OF PRONOUNCEMENT : 26-09-2011 ( (( ( )/ )/)/ )/ ORDER PER: SHRI A. MOHAN ALANKAMONY,A.M. THIS APPEAL IS FILED BY THE ASSESSEE DIRECTED AGAI NST THE ORDER OF LD. CIT (A) IN CAB/(A)-V/130/2007-08 DATED 12-11-2008 P ASSED U/S. 158BFA(2) OF THE ACT FOR THE BLOCK PERIOD 1-4-1995 TO 20-9-2001. 2. THE ASSESSEE HAS RAISED TWO GROUNDS IN HER APPEA L WHEREIN THE CRUX OF THE ISSUE WAS THAT THE LD. CIT (A) ERRED IN FACT AN D IN LAW BY CONFIRMING THE ACTION OF THE ASSESSING OFFICER IN LEVYING PENALTY OF RS.7,45,000/-U/S. 158BFA(2) OF THE ACT. IT(SS)A.NO.2/AHD/2009 BLOCK PERIOD 1.4.95 TO 20-9-2001 3. A SEARCH WAS CONDUCTED AT THE RESIDENCE AS WELL AS BUSINESS PREMISES OF THE APPELLANT ON 20-9-2001 U/S. 132 OF THE ACT, PURSUANT TO WHICH THE BLOCK ASSESSMENT WAS COMPLETED ON 30-10-2003, ASSES SING AN INCOME OF RS. 12,40,420/- AS INCOME FROM UNDISCLOSED SOURCE. PENA LTY PROCEEDINGS U/S. 158BFA (2) OF THE ACT WAS SIMULTANEOUSLY INITIATED ON 30-10-2003.THE APPELLANT WAS NOT SUCCESSFUL IN THE APPEAL BEFORE B OTH THE APPELLATE AUTHORITIES. THE LEVY OF PENALTY WAS ALSO CONFIRME D BY THE LD. CIT (A), HENCE THIS APPEAL. 4. THE CASE WAS INITIALLY POSTED BEFORE THE TRIBUNA L ON 14-9-2009. HOWEVER, NO ONE APPEARED ON BEHALF OF THE ASSESSEE AND THE CASE WAS ADJOURNED SINE-DIE. NOTICE WAS ISSUED TO THE ASSESS EE SUBSEQUENTLY, WHICH IS ACKNOWLEDGED BY THE ASSESSEE AND THE CASE WAS POSTE D FOR HEARING ON 26-9- 2011. YET NOBODY APPEARED ON BEHALF OF THE ASSESSEE ON THE DATE OF THE HEARING. 5. FROM THE CONDUCT OF THE ASSESSEE, IT APPEARS THA T THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL. IN THESE CIRC UMSTANCES WE HEREBY DISMISS THE APPEAL OF THE ASSESSEE TAKING CUE FROM THE ORDER OF THE ITAT DELHI BENCH IN THE CASE OF CIT VS. MULTIPLAN INDIA (P) LTD 38 ITD 320 (DELHI) AND THE HONBLE SUPREME COURTS DECISION IN THE CASE CIT VS. B.N. BHATTACHARGEE AND OTHERS 118 ITR 461. IT(SS)A.NO.2/AHD/2009 BLOCK PERIOD 1.4.95 TO 20-9-2001 6. IN THE RESULT THE APPEAL OF THE ASSESSEE IS DISM ISSED IN LIMINE. ORDER PRONOUNCED IN OPEN COURT ON 26 -09 - 2011. SD/- SD/- (MUKUL KR.SHRAWAT) (A. MOHAN ALANKAMONY ) JUDICIAL MEMBER A CCOUNTANT MEMBER AHMEDABAD. DATED: 26 - 09 - 2011. S.A.PATKI. COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS)-V, BARODA. 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT,AHMEDABAD. 1.DATE OF DICTATION 26 - 08 -2011 2.DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE TH E DICTATING 26 /09 / 2011 MEMBER.OTHER MEMBER. 3.DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S./P.S 26 - 09 -2011. 4.DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT 26 - 09 -2011 5.DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR .P.S./P.S 26 - 09 -2011 6.DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 26- 09 -2011. 7.DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8.THE DATE ON WHICH THE FILE GOES TO THE ASSTT. REG ISTRAR FOR SIGNATURE ON THE ORDER 9.DATE OF DESPATCH OF THE ORDER.. IT(SS)A.NO.2/AHD/2009 BLOCK PERIOD 1.4.95 TO 20-9-2001