Sh. Pawan Kumar Katia Prop., Bathinda V. The Income Tax Officer, Bathinda

MA 47/ASR/2016

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 6382 (ITAT-AMRITSAR)
• Duration Of Justice: 1 year(s) 9 month(s) 1 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 12-04-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Next Hearing Date: 09-03-2018
• Assessment Year: 2009-2010
• Appeal Filed On: 11-07-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P N ARORA LD
• Assessee Lawyers: RAJEEV GUBGOTRA LD

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE SH. SANJAY ARORA, ACCOUNTANT MEMBER AND SH. N.K.CHOUDHRY, JUDICIAL MEMBER M.A NO.47(ASR)/2016 (ARISING OUT OF ITA NO.315(ASR)/2014) ASSESSMENT YEAR:2009- 10 INCOME TAX OFFICER, WARD-1(1), BATHINDA VS. SH. PAVAN KUMAR KATIA PROP. M/S. LAXMI OIL MILS, AMRIK SINGH ROAD, BATHINDA PAN:ACLPK6018P (APPELLANT) (RESPONDENT) APPLICANT BY: SH. RAJEEV GUBGOTRA (LD. D.R.) RESPONDENT BY: SH. P.N. ARORA (LD. ADV.) DATE OF HEARING: 09.03.2018 DATE OF PRONOUNCEMENT: 12 .04.2018 ORDER PER N.K.CHOUDHRY, JM: THE INSTANT MISCELLANEOUS APPLICATION HAS BEEN PREFERRED BY THE REVENUE DEPARTMENT AGAINST THE TRIBUNAL ORDE R DATED 17.03.2016. 2. BY FILING THE INSTANT MISC. APPLICATION, THE REVENUE DEPARTMENT SOUGHT RECTIFICATION OF ERROR WHICH HAS CREPT IN THE ORDER DATED 17.03.2016. M.A.NO.47/ASR/2016 (A.Y.2009-10) ITO, WARD-1(1) VS. SH. PAWAN KU MAR KATIA 2 THE LD. DR HAS SUBMITTED THAT VIDE ORDER DATED 17.03.2016, THE ITAT BENCH AT AMRITSAR WHILE DECIDING ITAS. NO. 314/ASR/2014(AY:2008-09) AND 315/ASR/2014 (AY: 2009-1 0), SET ASIDE THE LEVY OF PENALTY WHEREAS, IN REAL FACT VI DE ITA NO. 315/ASR/2014 (AY: 2009-10) THE ASSESSEE HAS CHALLENGED TH E QUANTUM ADDITION AS NO PENALTY U/S 271(1)(C) OF THE ACT FOR ASST. YEAR:2009-10 WAS IMPOSED, THEREFORE REQUIRES TO BE RECTIFIED. 3. WE HAVE GONE THROUGH WITH THE FACTS AND CIRCUMSTANCES OF THE CASE AND REALIZED THAT THE ERROR HAS OCCURRED INADVE RTENTLY WHICH REQUIRES TO BE RECTIFIED. HENCE, WE ORDER FOR RECTI FICATION OF THE ORDER TO THE EFFECT THAT: (I) CAPTIONED HEAD OF THE ORDER BE READ AS ITA NO. 314/ASR/2014 AY: 2008-09 PAN ACLPK6018P (II) PARA NO. 1 OF THE ORDER BE READ AS : THIS IS THE ASSESSEE APPEAL FOR THE ASSESSMENT YEAR 2008-09 AGAINST THE ACTION OF LD. CIT(A) IN UPHOLDI NG THE PENALTY OF RS. 98000/- (FOR AY: 2008-09) LEVIED ON THE ASSESSEE U/S 271(1) (C) OF THE INCOME TAX ACT 1 961 (IN SHORT , 'THE ACT) , ON ACCOUNT OF EXPENSES INCU RRED WITH REGARD TO SUSPENDED BUSINESS. M.A.NO.47/ASR/2016 (A.Y.2009-10) ITO, WARD-1(1) VS. SH. PAWAN KU MAR KATIA 3 (III) PARA 13 OF THE ORDER BE READ AS : IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED. 4. IN THE RESULT, APPEAL I.E. ITA NO. 315/ASR/2014 OF THE ASSESSEE BY WHICH QUANTUM ADDITION OF RS. 417,333/- IS UNDER CHALLENGE, RESTORED BACK FOR ADJUDICATION INDEPENDENTLY AND REGISTRY IS DIRECTED TO FIX THE S AME SEPARATELY ON 25-05-2018. 5. THE MISCELLANEOUS APPLICATION FILED BY THE REVENUE DEPARTMENT IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 12.0 4.2018. SD/- SD/- (SANJAY ARORA) (N.K.CHOUDHRY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED:12.04.2018 /PK/ PS. COPY OF THE ORDER FORWARDED TO: (1) SH. PAWAN KUMAR KATIA, BATHINDA (2) ITO-1(1), BATHINDA (3) THE CIT(A), (4) THE CIT, CONCERNED (5) THE SR DR, I.T.A.T., AMRITSAR TRUE COPY BY ORDER