Shri Ghanshyambhai Gordhanbhai Jaksania, RAJKOT-GUJARAT V. The DCIT, Central Circle-2, RAJKOT-GUJARAT

ITSSA 24/RJT/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 2223 (ITAT-RAJKOT)
• Duration Of Justice: 2 year(s) 30 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 28-02-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2006-2007
• Appeal Filed On: 29-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M N MAURYA
• Assessee Lawyers: DM RINDANI
• Section: 271(1)(c); 27

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH, RAJKOT BEFORE SHRI WASEEM AHMED , ACCOUNTANT MEMBER AND MS. MADHUMITA ROY , JUDICIAL MEMBER ./ IT (SS) A NO S . 24 - 27 /RJT/201 8 / ASSESSMENT YEAR S : 20 06 - 07, 2007 - 08, 2010 - 11 & 2011 - 12 SHRI GHANSHYAMBHAI G JAKASANIA 601 - 602, NEW EMPIRE BUILDING, INDIRA CIRCLE, UNIVERSITY ROAD, RAJKOT VS DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 2, RAJKOT / (APPELLANT) / (RESPONDENT) ASSESSEE BY : SHRI D M RINDANI, AR REVENUE BY : SHRI M. N. MAURYA , CIT DR / DATE OF HEARING : 2 6 / 02 /20 20 / DATE OF PRONOUNCEMENT : 28 / 02 / 20 20 PER BENCH : THE SE BUNCH OF AP PEAL S FILED BY THE SAME ASSESSEE ARE DIRECTED AGAINST THE ORDER DATED 0 5 . 01 .201 8 PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS) - 1 , RAJKOT ARISING OUT OF THE PENALTY ORDER DATED 2 6 . 03 .201 5 PASSED BY THE IT O , WARD 1(1)( 2 ) , RAJKOT UNDER SECTION 271(1)(C) & 271AAA OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED AS TO THE ACT ) FOR THE ASSESSMENT YEAR S (A.Y S .) 20 06 - 07, 2007 - 08, 2010 - 11 & 2011 - 12 RESPECTIVELY . IN THE BUNCH OF APPEAL S THE ASSESSEE HAS CH ALLENGED THE PENALTY ORDER LEVIED UNDER SECTION 271(1)(C) OF THE ACT. IT (SS) A NO S . 24 - 27 / RJT /20 1 8 AY 20 06 - 07,2007 - 08,2010 - 11 & 2011 - 12 - 2 - 2. AT THE TIME OF HEARING OF THE INSTANT APPEAL THE LD. ADVOCATE APPEARING FOR THE ASSESSEE SUBMITTED BEFORE US THAT THE QUANTUM APPEAL HAS BEEN ALLOWED BY THE HON BLE TRIBUNAL BY AND U NDER THE JUDGMENT DATED 28.11.2019. WE HAVE PERUSED THE CONSOLIDATED ORDER PASSED BY THE HON BLE TRIBUNAL. HENCE, THE PENALTY BECOME INFRUCTUOUS. IN THAT VIEW OF THE MATTER ALL THE APPEALS ARE DISMISSED AS INFRUCTUOUS. 3 . IN THE RESULT, APPEAL S FILED B Y THE ASSESSEE ARE ALLOWED. ORDER PRONOUNCED IN THE COURT ON 28 TH FEBRUARY , 2020 AT RAJKOT . SD/ - SD/ - ( WASEEM AHMED ) ACCOUNTANT MEMBER ( MADHUMITA ROY ) JUDICIAL MEMBER RAJKO T ; DATED, 28 / 02 /20 20 TANMAY DATTA , SR.PS TRUE COPY / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A) 5. , , / DR, ITAT, RA JKOT 6. / GUARD FILE . / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, RAJKOT 1. DATE OF DICTATION - 26 / 02 /20 20 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 26 /02 /20 20 OTHER MEMBER 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S./P.S. - /02/2020 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT /02/2020 5. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 28 /02/20 20 6. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 7. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER .. 8. DATE OF DESPATCH OF THE ORDER