ACIT, CHENNAI V. Shri N. Palanisamy, CHENNAI

MA 255/CHNY/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 4717 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-03-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2012-2013
• Appeal Filed On: 31-12-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S VIJAYAPRABHA
• Assessee Lawyers: I DINSH
• Section: 271(1)(c)

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI ... , . !'# ! , $ !% BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER && / M.P. NO.255/CHNY/2018 (IN I.T.A. NO.2952/CHNY/2016) ' (' / ASSESSMENT YEAR : 2012-13 THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 3(3), CHENNAI - 600 034. V. SHRI N. PALANISAMY, NO.86, CATHEDRAL ROAD, GOPALAPURAM, CHENNAI - 600 086. PAN : ADOPP 9910 F (*+' /PETITIONER) (*,+-/ RESPONDENT) *+' / 0 /PETITIONER BY : MS. S. VIJAYAPRABHA, JCIT *,+- / 0 / RESPONDENT BY : SHRI I. DINSH, ADVOCATE 1 / 2$ / DATE OF HEARING : 22.03.2019 3'( / 2$ / DATE OF PRONOUNCEMENT : 22.03.2019 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER : THE REVENUE HAS FILED THE PRESENT MISCELLANEOUS PETITION ON THE GROUND THAT THERE IS AN ERROR IN THE ORDER O F THIS TRIBUNAL DATED 17.07.2018. 2. MS. S. VIJAYAPRABHA, THE LD. DEPARTMENTAL REPRE SENTATIVE SUBMITTED THAT WHILE DELETING THE PENALTY, THIS TRI BUNAL HAS NOT 2 M.P. NO.255/CHNY/18 CONSIDERED EXPLANATION 5A TO SECTION 271(1)(C) OF T HE INCOME-TAX ACT, 1961 (IN SHORT 'THE ACT'). THEREFORE, ACCORDI NG TO THE LD. D.R., THERE IS AN ERROR IN THE ORDER OF THIS TRIBUNAL. 3. WE HEARD SHRI I. DINESH, THE LD.COUNSEL FOR THE ASSESSEE ALSO. HAVING HEARD THE LD. D.R. AND THE LD.COUNSEL FOR THE ASSESSEE, WE FIND THAT THIS TRIBUNAL CONFIRMED THE ORDER OF THE CIT(APPEALS) WHEREIN THE QUANTUM ADDITION WAS DELET ED. SINCE THE QUANTUM ADDITION WAS DELETED, THIS TRIBUNAL IS OF T HE CONSIDERED OPINION THAT THERE IS NO QUESTION OF LEVY OF PENALT Y FOR CONCEALMENT OR FURNISHING OF INACCURATE PARTICULARS OF INCOME. THEREFORE, THIS TRIBUNAL FINDS NO ERROR IN THE ORDER OF THIS TRIBUN AL. HENCE, THERE IS NO MERIT IN THE MISCELLANEOUS PETITION FILED BY THE REVENUE. 4. WITH THE ABOVE OBSERVATION, THE MISCELLANEOUS PE TITION FILED BY THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AFTER CONCLUSI ON OF HEARING ON 22 ND MARCH, 2019 AT CHENNAI. SD/- SD/- (. !'# ! ) ( ... ) (A. MOHAN ALANKAMONY) (N.R.S. GANESAN) $ / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 5 /DATED, THE 22 ND MARCH, 2019. 3 M.P. NO.255/CHNY/18 KRI. / *26& 7&(2 /COPY TO: 1. *+' / PETITIONER 2. *,+- /RESPONDENT 3. 1 82 () /CIT(A) 4. 1 82 /CIT 5. &9 *2 /DR 6. :' ; /GF.