Income-tax Officer, V. Shri Amritlal M. Agrawal, Nashik

MA 19/PUN/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4606 (ITAT-PUNE)
• Duration Of Justice: 3 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-07-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 29-03-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K RASTOGI
• Keywords: Revised return
• Section: 153A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE , . . , ! BEFORE MS. SUSHMA CHOWLA, JM AND SHRI R.K. PANDA, A M '' # . / MA NO.19/PN/2016 ARISING OUT OF ITA NO.1556/PN/2013 ASSESSMENT YEAR : 2005-06 THE INCOME TAX OFFICER, WARD 1(1), NASHIK. ... APPLICANT VS. SHRI AMRITLAL MITHAILAL AGRAWAL, KAUT GHAT, NEAR STATE BANK COLONY, MUMBAI AGRA ROAD, NASHIK 422 001. ... RESPONDE NT PAN: AANPA7735K APPLICANT BY : SHRI S. K. RASTOGI, CIT RESPONDENT BY : NONE / DATE OF HEARING : 08.07.2016 / DATE OF PRONOUNCEMENT: 13.07.2016 $ / ORDER PER SUSHMA CHOWLA, JM : THE PRESENT MISCELLANEOUS APPLICATION IS MOVED BY THE REVENUE AGAINST THE ORDER OF TRIBUNAL IN ITA NO.1556/PN/2013 RELATING T O ASSESSMENT YEAR 2005-06, ORDER DATED 31.08.2015. 2 MA NO.19/PN/2016 2. THE GRIEVANCE OF THE REVENUE/APPLICANT IS AGAINS T THE ORDER OF THE TRIBUNAL WHEREIN THE ISSUE OF LEVY OF PENALTY UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) WAS DECIDED. THE TRIBUNAL HAD HELD THAT IN THE CASE OF THE ASSESSEE WHERE NO ASSETS WERE FOUND, THOUGH THE ASSESSEE HAD DECLARED ADDITIONAL INCOME, THERE WAS NO MERIT IN THE LEVY OF PENALTY UNDER SEC TION 271(1)(C) OF THE ACT. THE PLEA OF THE REVENUE IN THIS REGARD WAS THAT THE TRIBUNAL HA D ERRED IN RELYING UPON THE EARLIER DECISION OF PUNE BENCH OF THE TRIBUNAL IN CHANDAN K . SHEWANI VS. DCIT IN ITA NO.235 & 236/PN/2010, ORDER DATED 29.08.2012 AS AGAINST TH E DECISION OF THE PUNE BENCH OF THE TRIBUNAL IN NARENDRA M. AGRAWAL, WHO WAS ONE OF THE PARTY IN THE SAME SEARCH PROCEEDINGS, IN WHOSE HAND THE PENALTY LEVIED BY TH E ASSESSING OFFICER WAS CONFIRMED IN ITA NO.809 & 810/PN/2010 FOR ASSESSMENT YEARS 20 02-03 & 2003-04 ON SIMILAR ISSUES. 3. DESPITE SERVICE OF NOTICE, NONE APPEARED ON BEHA LF OF THE RESPONDENT/ASSESSEE THEREFORE, WE PROCEED TO DECIDE THE PRESENT MISCELL ANEOUS APPLICATION AFTER HEARING THE LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE. H E TOOK US THROUGH THE ORDER OF THE TRIBUNAL AND ALSO REFERRED TO THE DECISION OF THE T RIBUNAL IN NARENDRA M. AGRAWAL (SUPRA), COPY OF WHICH IS PLACED ON RECORD. 4. ON THE PERUSAL OF RECORD AND AFTER GOING THROUGH THE ORDER OF THE TRIBUNAL, WE FIND NO MERIT IN THE MISCELLANEOUS APPLICATION FILE D BY THE REVENUE/APPLICANT. THE TRIBUNAL HAD DECIDED THE ISSUE WHETHER THE ASSESSEE COULD BE DEFAULTED TO HAVE CONCEALED THE PARTICULARS OF INCOME BY FURNISHING T HE ADDITIONAL INCOME IN THE RETURN OF INCOME. THE TRIBUNAL, IN TURN, RELIED ON THE RATIO LAID DOWN IN AN EARLIER DECISION OF THE TRIBUNAL IN ITO VS. PRAKASH CHAMPALAL KANKARIA IN I TA NO.1465 TO 1467/PN/2011, ORDER DATED 22.03.2013 WHICH, IN TURN, HAD RELIED O N THE RATIO LAID DOWN IN CHANDAN K. SHEWANI VS. DCIT (SUPRA). 3 MA NO.19/PN/2016 5. ON THE OTHER HAND, RELIANCE PLACED BY THE REVENU E ON THE RATIO LAID DOWN IN NARENDRA M. AGRAWAL (SUPRA) IS MISPLACED AS THE FAC TS IN THAT CASE ARE AT VARIANCE. THE ASSESSEE IN THE FACTS OF THE SAID CASE HAD DECLARED ADDITIONAL INCOME FOR ASSESSMENT YEAR 2002-03 AND 2003-04 AND THE TRIBUNAL HELD THAT THERE WAS A LEGAL PRESUMPTION AGAINST THE ASSESSEE AND THE PENALTY WAS LEVIABLE O N CASH DECLARED ON THE BASIS OF UNDISCLOSED INCOME. HOWEVER, IN THE PRESENT CASE, THE ASSESSEE HAD DECLARED THE ADDITIONAL INCOME DURING THE COURSE OF SEARCH PROCE EDINGS ITSELF AND HAD FURTHER DECLARED THE SAME IN THE REVISED RETURN OF INCOME F ILED IN PURSUANT TO NOTICE ISSUED UNDER SECTION 153A OF THE ACT. IN VIEW THEREOF, WE DISMISS THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE AS NOT BEING MAINT AINABLE. 6. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE REVENUE APPLICANT IS DISMISSED. ORDER PRONOUNCED ON THIS THE 13 TH DAY OF JULY, 2016. SD/- SD/- ( R.K. PANDA ) ( SUSHMA CHOWLA ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE ; DATED : 13 TH JULY, 2016 . $ % &'(' )'' / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPLICANT; 2. / THE RESPONDENT; 3. ! ! ' ( ) / THE CIT(A)-I, NASHIK; 4. ! ! ' / THE CIT-I, NASHIK; 5. #$% &&'( , ! '( , ) / DR A, ITAT, PUNE; 6. %*+ , / GUARD FILE. $# / BY ORDER, # & // TRUE COPY // - ./ & '0 / SR. PRIVATE SECRETARY ! '( , / ITAT, PUNE