M/s. Shiv Builders, Nadiad V. The Income Tax Officer, Ward-4, Nadiad

ITSSA 92/AHD/2015

• Counselvise Citation: [2017] 122 COUNSELVISE.COM (IT) 3425 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 7 month(s) 12 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 30-11-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 17-04-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P M PATEL
• Assessee Lawyers: P M MEHTA; GM THAKOR
• Section: 153A

Judgement Text

IT(SS)A NOS. 90 TO 93/AHD/2015 M/.S SHIV BUILDERS VS. ITO A.Y. 2005-06 TO 2008-09 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR AM AND MAHAVIR PRASAD JM] IT(SS)A NOS. 90 TO 93/AHD/2015 ASSESSMENT YEAR : 2005-06 TO 2008-09 M/S. SHIV BUILDERS .....APPELLANT G-21, GHANTAKARNA COMPLEX, GUNJ BAZAAR, NADIAD -356 065 [PAN : AAGFS 6181 E] VS. INCOME TAX OFFICER .RESPONDENT WARD -4 NADIAD APPEARANCES BY: PM MEHTA & GM THAKOR FOR THE APPELLANT PM PATEL FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : 30.11.2017 DATE OF PRONOUNCING THE ORDER : 30.11.2017 O R D E R PER PRAMOD KUMAR, AM: 1. THE SHORT ISSUE THAT WE ARE REQUIRED TO ADJUDICA TE IN THESE APPEALS IS WHETHER OR NOT, ON THE FACTS AND IN THE CIRCUMSTANCES OF TH E CASE, LEARNED CIT(A) WAS JUSTIFIED IN UPHOLDING THE IMPUGNED PENALTIES OF RS .9,000/-, RS.20,500/-, RS.3,42,500/- AND RS.22,500/-, IMPOSED BY THE ASSES SING OFFICER UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961, FOR ASSESSME NT YEARS 2005-06, 2006-07, 2007-08 & 2008-09 RESPECTIVELY. 2. BRIEFLY STATED, THE RELEVANT MATERIAL FACTS ARE LIKE THIS. FOR THE YEARS UNDER CONSIDERATION, ASSESSMENTS WERE FRAMED BY THE ASSES SING OFFICER UNDER SECTION 153C R.W.S. 153A OF THE ACT, VIDE SEPARATE ORDER OF EVEN DATE 30.12.2010, BY MAKING FOLLOWING ADDITIONS CONSIDERING 25% OF THE TOTAL UN DISCLOSED RECEIPTS/TURNOVER OF THE ASSESSEE :- ASSESSMENT YEAR ADDITION MADE BY THE ASSESSING OFFICER VIDE ORDER DATED 30.12.2010 2005-06 24,560 2006-07 59,965 2007-08 10,05,835 2008-09 9,65,065 IT(SS)A NOS. 90 TO 93/AHD/2015 M/.S SHIV BUILDERS VS. ITO A.Y. 2005-06 TO 2008-09 PAGE 2 OF 2 3. AGGRIEVED BY THE AFORESAID ORDER OF THE ASSESSIN G OFFICER, THE ASSESSEE PREFERRED APPEAL BEFORE THE LEARNED CIT(A) WHO, AFT ER CONSIDERING THE SUBMISSIONS OF THE ASSESSEE, UPHELD THE ACTION OF THE ASSESSING OF FICER VIDE HIS CONSOLIDATED ORDER DATED 21.11.2011 AND CONFIRMED THE ABOVE SAID ADDIT IONS MADE BY THE ASSESSING OFFICER. 4. SUBSEQUENT TO THE LD. CIT(A)S AFORESAID ORDER C ONFIRMING THE ADDITIONS MADE BY THE ASSESSING OFFICER, PENALTY U/S 271(1)(C) OF THE ACT IN RESPECT OF ALL THESE YEARS WAS COMPLETED VIDE ORDER SEPARATE ORDER OF EVEN DAT ED 19.03.2013, IMPOSING PENALTY OF RS.9,000/-, RS.20,500/-, RS.3,42,500/- A ND RS.22,500/- FOR ASSESSMENT YEARS 2005-06, 2006-07, 2007-08 & 2008-09 RESPECTIV ELY, BEING THE 100% OF THE TAX SOUGHT TO BE EVADED IN EACH ASSESSMENT YEAR. ON FU RTHER APPEAL, THE IMPUGNED PENALTY ORDERS WERE UPHELD BY THE CIT(A) VIDE IMPUG NED ORDER DATED 28.01.2015. THE ASSESSEE APPELLANT, BEING AGGRIEVED, IS IN APPE AL BEFORE THE TRIBUNAL FOR THE ASSESSMENT YEARS UNDER CONSIDERATION. 5. AT THE TIME OF HEARING BEFORE US, IT WAS POINTED OUT BY THE LD. COUNSEL THAT, IN THE QUANTUM APPEAL, THE TRIBUNAL HAS QUASHED THE AS SESSMENT ORDERS PASSED BY THE ASSESSING OFFICER UNDER SECTION 153C R.W.S. 153A OF THE ACT, VIDE TRIBUNALS ORDER DATED 11.09.2015. COPY OF THE ORDER IS PLACED ON RE CORD. IN VIEW OF THE FACT THAT, IN THE QUANTUM PROCEEDINGS THE ASSESSMENT ORDERS ITSEL F HAVING BEEN QUASHED, THE PENALTIES IMPOSED UNDER SECTION 271(1)(C) IN RESPEC T OF SUCH ADDITION CANNOT SURVIVE. WE, THEREFORE, DELETE THE IMPUGNED PENALT IES IN QUESTION AND ALLOW THE APPEALS OF THE ASSESSEE. 6. IN THE RESULT, ALL APPEALS ARE ALLOWED. PRONOUNC ED IN THE OPEN COURT TODAY ON THIS 30 TH DAY OF NOVEMBER, 2017. SD/- SD/- MAHAVIR PRASAD PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) AHMEDABAD, THE 30 TH DAY OF NOVEMBER, 2017 **BT* COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD