Shri Dharmendrasinh R.Waghela, Baroda V. The ACIT.,Cent.Circle-2, Baroda

ITSSA 833/AHD/2010

• Counselvise Citation: [2014] 122 COUNSELVISE.COM (IT) 0053 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 2 month(s) 29 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 21-03-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 18-03-2014
• Assessment Year: 2005-2006
• Appeal Filed On: 23-12-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K C MATHEWS
• Section: 27

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH BEFORE: SRI D.K TYAGI, JUDICIAL MEMBER AND SHRI T.R. MEENA, ACCOUNTANT MEM BER DHARMENDRASINH R. WAGHELA, PROP:; NARENDRA ROADLINES, OPP: HEAVY WATER PLANT, CHHANI, BORODA PAN: AAHPV 2633 D (APPELLANT) VS THE ACIT, CENTRAL CIRCLE-2, BARODA (RESPONDENT) REVENUE BY: SRI K.C. MATHEWS, SR.D.R. ASSESSEE BY: SRI MUKUND BAKSHI, A.R. DATE OF HEARING : 18-03-2014 DATE OF PRONOUNCEMENT : 21-03-20 14 / ORDER PER : D.K. TYAGI, JUDICIAL MEMBER:- THIS APPEAL HAS BEEN FILED BY ASSESSEE AGAINST THE ORDER OF LD. CIT(A)-IV, AHMEDABAD DATED 20-09-2010 CONFIRMING TH E PENALTY IMPOSED BY AO U/S. 271(1)(C) OF THE ACT. IT(SS)A NO. 833/AHD/2010 ASSESSMENT YEAR 2005-06 I.T(SS).A NO. 833/AHD/2010 A.Y. 2005-06 PAGE NO DHARMENDRASINH R. WAGHELA VS. ACIT 2 2. THE ASSESSING OFFICER LEVIED PENALTY U/S. 271(1) (C) OF THE ACT ON THE ADDITION OF RS. 50,000/- FOR UNEXPLAINED EXPENDITUR E MADE ON THE BASIS OF LOOSE PAPER RECOVERED DURING THE COURSE OF SEARCH. THIS PENALTY HAS BEEN CONFIRMED BY LD. CIT(A) WHEN ASSESSEE WENT IN APPEA L BEFORE HIM. 3. AT THE TIME OF HEARING BEFORE US LEARNED COUNSEL OF THE ASSESSEE AT THE OUTSET SUBMITTED THAT IN QUANTUM PROCEEDINGS THE AD DITION OF RS. 50,000/- WHICH IS THE BASIS FOR LEVYING THIS PENALTY U/S. 27 1(1)(C) HAS BEEN DELETED BY THE TRIBUNAL VIDE ITS ORDER DATED 30-06-2011, THERE FORE THE PENALTY HAS NO LEGS TO STAND AND MAY KINDLY BE DELETED. THIS SUBM ISSION WAS NOT DISPUTED BY LD. DR. WE THEREFORE DELETE THE PENALTY LEVIED BY AO ON THE ADDITION OF RS. 50,000/-WHICH WAS CONFIRMED BY LD. CIT(A) SINCE IN QUANTUM PROCEEDINGS HONBLE ITAT HAS DELETED ADDITION OF RS . 50,000/- VIDE ORDER DATED 30-06-2011 IN IT(SS)A NO. 76,77,78,79 & 80/AH D/2009. 4. IN THE RESULT, ASSESSEES APPEAL IS ALLOWED. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE AT CAPTION PAGE SD/- SD/- (T.R. MEENA) ( D.K. TYAGI) ACCOUNTANT MEMBER J UDICIAL MEMBER AHMEDABAD : DATED 21/03/2014 AK I.T(SS).A NO. 833/AHD/2010 A.Y. 2005-06 PAGE NO DHARMENDRASINH R. WAGHELA VS. ACIT 3 / COPY OF ORDER FORWARDED TO:- 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,