Shri Patel Bhikhabhai Kacharabhai, Ahmedabad V. The Dy.CIT.,Circle-2, Ahmedabad

ITSSA 279/AHD/2011

• Counselvise Citation: [2013] 121 COUNSELVISE.COM (IT) 9103 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 22 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 12-04-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2003-2004
• Appeal Filed On: 21-03-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D K SINGH
• Assessee Lawyers: G S PATEL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH AHMEDABAD BEFORE SHRI MUKUL KR. SHRAWAT , JUDICIAL MEMBER AND SHRI T.R. MEENA, ACCOUNTANT MEMBER IT(SS)A NOS. 279 & 280/AHD/2011 ASSESSMENT YEARS : 2003-04 & 2004-05 RESPECTIVELY SHRI JITENDRAKUMAR BHIKHABHAI PATEL LEGAL HEIR OF DECEASED, PATEL BHIKHABHAI KACHARABHAI 33, KAMALKUNJ SOCIETY, NR. UNDER BRIDGE, SHAHIBAUG, AHMEDABAD V/S . DY. COMMISSIONER OF INCOME TAX, CIRCLE 2, AHMADABAD. PAN NO. A C YPP9680K (APPELLANT) .. (RESPONDENT) BY APPELLANT SHRI G. S. PATEL, A.R. /BY RESPONDENT SHRI D. K. SINGH, SR. D.R. /DATE OF HEARING 10.04.2013 /DATE OF PRONOUNCEMENT 12.04.2013 O R D E R PER : T.R.MEENA, ACCOUNTANT MEMBER THESE ARE TWO APPEALS FILED BY SHRI JITENDRAKUMAR B HIKHABHAI PATEL, THE LEGAL HEIR OF DECEASED SHRI PATEL BHIKHABHAI KA CHARABHAI, THE ASSESSEE, WHICH HAVE EMANATED FROM THE ORDERS OF CIT(A)-XVI, AHMEDABAD, DATED 01/02/2011 FOR BOTH A.Y. 2003-04 & 2004-05. THESE TWO APPEALS WERE HEARD TOGETHER AND ARE BEING DISPOSED OF BY WAY OF THIS COMMON ORDER FOR THE SAKE OF CONVENIENCE. THE SOLE GROUND OF ASSESSEES APPEAL IN BOTH YEARS IS AGAINST CONFIRMING THE PENALTY U/S. 271(1)(C) AT RS . 3,35,900/- IN A.Y. 03-04 AND RS.2,24,503/- IN A.Y. 04-05. IT(SS)A NOS. 279 & 280 /AHD/11 A.Y. 03-04 & 04-05 PAGE 2 2. THE A.O. IMPOSED THE PENALTY U/S. 271(1)(C) VIDE ORDER DATED 17.03.2010 ON THE BASIS OF ADDITION U/S.68 OF RS.11 ,51,410/- IN A.Y. 03-04 AND RS. 7,09,000/- IN A.Y. 04-05 WAS MADE. THE ASSESSE E CHALLENGED THE QUANTUM ADDITION BEFORE THE ITAT WHICH HAS BEEN DEL ETED BY THE CO-ORDINATE C BENCH IN ITA NOS. 2559/AHD/2008 FOR A.Y. 2003-0 4 & 3219/AHD/2008 FOR A.Y. 2004-05. FOR A.Y. 03-04, GROUND NO.2 IS RELAT ED TO THE QUANTUM ADDITION, WHICH HAS BEEN ALLOWED BY THE BENCH IN PARAGRAPH NO .10 AT PAGE NO.8 AND FOR A.Y. 04-05, GROUND NO.2, WHICH HAS BEEN DELETED ON PAGE NO.9 OF THE SAME ORDER DATED 10.02.2012. BOTH THE PARTIES ACCEPTED THE FACT DURING THE COURSE OF HEARING. WHEN THE QUANTUM ADDITION HAD BEEN DEL ETED, THE PROCEEDING U/S. 271(1)(C) IN BOTH YEARS DO NOT SURVIVE. THUS, WE A LLOW THE APPEAL OF THE ASSESSEE AND REVERSE THE ORDER OF CIT(A) IN BOTH YE ARS. 3. IN THE COMBINED RESULT, ASSESSEES APPEAL IS ALL OWED IN BOTH YEARS. THESE ORDERS PRONOUNCED IN OPEN COURT ON 12.04.2013 SD/- SD/- ( MUKUL KR. SHRAWAT ) (T.R. MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER TRUE COPY S.K.SINHA ! ! ! ! '! '! '! '! / COPY OF ORDER FORWARDED TO:- 1. / APPELLANT 2. / RESPONDENT 3. '(' ) * / CONCERNED CIT 4. *- / CIT (A) 5. !./ ), ) , 12( / DR, ITAT, AHMEDABAD 6. /45 67 / GUARD FILE. BY ORDER/ , 8/ 1 ': ) , 12( ;