Assistant Commissioner of Income-tax, Circle - 1, Nashik V. Nandkishor Tulsidas Katore, Nashik

MA 61/PUN/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 5432 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 3 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 17-08-2018
• Assessment Year: 2002-2003
• Appeal Filed On: 28-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SANJEEV GHEI
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B , PUNE , , BEFORE MS. SUSHMA CHOWLA, JM AND SHRI ANIL CHATURVEDI, AM M A NO. 61 /P U N/201 7 ARISING OUT OF ITA NO S . 2174 TO 2180 /PN/201 4 ASSESSMENT YEAR S : 200 2 - 03 TO 2008 - 09 THE ASST . COMMISSIONER OF INCOME TAX, CIRCLE - 1, NASHIK . APP LICANT VS. NANDKISHOR TULSIDAS KATORE SURYA NURSING HOME, BEHIND REGIMENTAL PLAZA, NASHIK R OAD, NASHIK MAHARASHTRA . RESPONDENT PAN : A BIPK9348L APPLICANT BY : SHRI S ANJEEV GHEI RESPONDENT BY : SHRI PRAMOD SHINGTE / DATE OF HEARING : 05 . 1 0 .201 8 / DATE OF PRONOUNCEMENT: 15 . 1 0 .201 8 / ORDER PER SUSHMA CHOWLA, JM : THE REVENUE HAS FILED THE PRESENT MISCELLANEOUS APPLICATION AGAINST THE ORDER OF TRIBUNAL DATED 14 . 12 .201 6 . 2. THE REVENUE APPLICANT HAS FILED THE PRESENT MISCELLANEOUS APPLICATION AGAINST ORDER OF TRIBUNAL, WHEREIN THE APPEAL OF ASSESSEE WAS ALLOWED AND PENALTY LEVIED UNDER SECTION 271(1)(C) OF THE ACT WAS DELETED ON THE GROUND THAT THE 2 M A NO. 61 /P U N/201 7 SATISFACTION RECORDED FO R INITIATING PENALTY PROCEEDINGS WAS VAGUE AND PENALTY ORDER WAS HELD TO BE INVALID. 3. THE REVENUE APPLICANT POINTS OUT THAT THE ASSESSING OFFICER HAD CLEARLY MENTIONED THAT HE WAS INITIATING PENALTY FOR FURNISHING OF INACCURATE PARTICULARS OF INCOME AND MERE STRIKING OF ONE OF THE LIMBS IN THE NOTICE ISSUED UNDER SECTION 274 R.W.S. 271(1)(C) OF THE ACT WAS A CLERICAL LAPSE AND NOT LEGAL ONE AND HENCE, THE TRIBUNAL MAY RE - CONSIDER THE ISSUE. 4. SHRI SANJEEV GHEI APPEARED ON BEHALF OF REVENUE APPLICANT AN D SHRI PRAMOD SHINGTE APPEARED ON BEHALF OF ASSESSEE RESPONDENT. 5. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORD. ON PERUSAL OF ASSESSMENT ORDER AND ORDER OF TRIBUNAL, IT IS CLEAR THAT THE ASSESSING OFFICER IN THE PRESENT CASE HAD RECORDED SATISFACTION OF ASSESSEE HAVING CONCEALED INCOME WITHIN MEANING OF SECTION 271(1)(C) OF THE ACT AND HAS ALSO FURNISHED INACCURATE PARTICULARS OF INCOME. THE TRIBUNAL HAS DECIDED THE APPEAL ON THE GROUND THAT THE ASSESSING OFFICER HAS NOT EXPLICITLY MENTIO NED AS TO WHETHER PENALTY WAS BEING INITIATED FOR CONCEALMENT OF INCOME OR FOR FURNISHING OF INACCURATE PARTICULARS OF INCOME. HENCE, THE APPEAL OF ASSESSEE WAS ALLOWED FOR NON - RECORDING OF PROPER SATISFACTION BY THE ASSESSING OFFICER. THUS , THE PLEA OF REVENUE APPLICANT THAT ASSESSMENT ORDER CLEARLY MENTIONED THAT PENALTY PROCEEDINGS WERE INITIATED FOR FURNISHING OF INACCURATE PARTICULARS OF INCOME IS NOT CORRECT. THE NON - RECORDING OF SATISFACTION CANNOT BE SAID TO BE A CLERICAL LAPSE AND HENCE, THERE I S NO MERIT IN THE 3 M A NO. 61 /P U N/201 7 MISCELLANEOUS APPLICATION FILED BY THE REVENUE APPLICANT AND THE SAME IS DISMISSED. 6 . IN THE RESULT, MISCELLANEOUS APPLICATION OF REVENUE IS DISMISSED. ORDER PRONOUNCED ON THIS 15 TH DAY OF OCTOBER , 201 8 . SD/ - SD/ - (ANIL CHATURVEDI) (SUSHMA CHOWLA ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE ; DATED : 15 TH OCTOBER , 201 8 . GCVSR / COPY OF THE OR DER IS FORWARDED TO : 1. THE APP LICANT ; 2. THE RESPONDENT; 3. THE CIT(A) - 1, NASHIK ; 4. THE CIT (CENTRAL) , NAGPUR ; 5. THE DR B , ITAT, PUNE; 6. GUARD FILE . / BY ORDER , // TRUE COPY // / SR. PRIVATE SECRETARY , / ITAT, PUNE