LATE KEWAL KUMAR T/H SMT. RADHA RANI, Kota V. ACIT, Kota

ITSSA 2/JPR/2011

• Counselvise Citation: [2011] 124 COUNSELVISE.COM (IT) 8076 (ITAT-JAIPUR)
• Duration Of Justice: 6 month(s) 17 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 02-09-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 14-02-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D K MEENA
• Keywords: Block assessment

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES, B JAIPUR (BEFORE SHRI R.K.GUPTA AND SHRI N.L. KALRA) ITSSA NO.02/JP/2011 ASSESSMENT YEAR : 01.04.90 TO 07.04.2000 LATE SH. KEWAL KUMAR THROUGH VS. A.C.I.T., L/H SMT. RADHA RANI, CIRCLE-1, KOTA. KOTA. (APPELLANT) (RESPONDENT) APPELLANT BY : WRITTEN SUBMISSION RESPONDENT BY : SHRI D.K. MEENA DATE OF HEARING: 25.08.2011 DATE OF PRONOUNCEMENT : 02.09.2011 ORDER PER SHRI N.L. KALRA, A.M. 1. THE ASSESSEE HAS FILED AN APPEAL AGAINST ORDER O F LD. CIT (A) AJMER DATED 10.12.2010. 2. THE ONLY GRIEVANCE OF THE ASSESSEE IS THAT LD. C IT (A) HAS ERRED IN CONFIRMING THE PENALTY OF RS.75,000/- LEVIED U/S 158 BFA (2). 3. WRITTEN SUBMISSIONS OF THE ASSESSEE ARE AS UNDER : THE BLOCK ASSESSMENT HAS ALREADY BEEN ANNULLED BY Y OUR HONORARY BENCH VIDE YOUR ORDER DATED 12.10.2010 FOR M.A. NO.38/JP/ 2010 (IN C.O. NO.79/JP/2005) ARISING OUT OF ITSSA NO. 64/JP/2005 BLOCK PERIOD 1990- 91 TO 1999-00) HENCE THE PENALTY IMPOSED U/S 158 BF A (2) OF RS.75000/- ON THE BASIS OF ABOVE ADDITIONS MADE IN ASSESSMENT IS AUTOMATICALLY LIABLE 2 TO BE CANCELLED. THE ABOVE SUBMISSION WAS ALREADY M ADE BEFORE CIT (A) BUT HE HAS NOT CONSIDERED THE SAME & HAS NOT GIVEN ANY FINDING ON THIS ISSUE HENCE THE CIT (A) HAS GROSSLY ERRED IN CONFIR MING THE PENALTY WHICH IS REQUESTED TO BE DELETED UNDER THE FACTS & CIRCUM STANCES OF THE CASE. 4. WE HAVE CONSIDERED THE SUBMISSIONS AND HAVE HEAR D THE LD. D/R PENALTY U/S 158 BFA (2) IS ON THE INCOME DETERMINED UNDER CLAUSE (C ) OF SECTION 158 BC AND ACCORDING TO WHICH THE UNDISCLOSED INCOME IS TO BE DETERMINED ON THE BASIS OF ASSESSMENT. NO PENALTY IN RESPECT OF UNDISCLOSED INCOME RETURNED I S LEVIABLE PROVIDED ASSESSEE HAS PAID TAX. SINCE ASSESSMENT IS ANNULLED, HENCE PENALTY IS NOT IMPOSABLE. IN THE RESULT THE APPEAL OF THE ASSESSEE IS ALLOWE D. THE ORDER IS PRONOUNCED IN OPEN COURT ON 02.09.201 1 SD/- SD/- (R.K.GUPTA) (N.L.KALRA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 02.09.2011 *S.KUMAR* COPY FORWARDED TO:- 1. LATE KEWAL KUMAR THROUGH L/H SMT. RADHA RANI, KO TA. 2. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, KOTA 3. THE CIT 4. THE CIT(A), 5. THE D/R, ITAT, JAIPUR 6. THE GUARD FILE IN ITSSA NO.2/JP/2011 BY ORDER A.R., I.T.A.T., JAIPUR 3