VIMAL TRADING CORP., Jaipur v. ITO, Jaipur

ITA 109/JPR/2011 | 1980-1981
Pronouncement Date: 30-09-2011 | Result: Allowed

Appeal Details

RSA Number 10923114 RSA 2011
Bench Jaipur
Appeal Number ITA 109/JPR/2011
Duration Of Justice 7 month(s) 20 day(s)
Appellant VIMAL TRADING CORP., Jaipur
Respondent ITO, Jaipur
Appeal Type Income Tax Appeal
Pronouncement Date 30-09-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted B
Tribunal Order Date 30-09-2011
Assessment Year 1980-1981
Appeal Filed On 09-02-2011
Judgment Text
1 IN THE INCOME TAX APPELLATE TRIBUNAL JAIPUR BENCH B JAIPUR (BEFORE SHRI R.K.GUPTA AND SHRI N.L.KALRA) ITA NO.109 & 110/JP/2011 ASSESSMENT YEAR: 1980-81 M/S. VIMAL TRADING CORPORATION VS. THE ITO B-17 SARAF INDUSTRIAL ESTATE WARD 2 (2) ROAD NO.9 VKI AREA JAIPUR JAIPUR (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI RAJEEV SOGANI DEPARTMENT BY: SHRI K.C. MEENA DATE OF HEARING: 21-09-2011 DATE OF PRONOUNCEMENT:30-09-2011 PER N.L. KALRA AM:- THE ASSESSEE HAS FILED APPEALS AGAINST RESPECTIV E THE ORDERS OF THE LD. CIT(A)-BIKANER (CAMP AT JAIPUR DATED 02-11-2010 FO R THE ASSESSMENT YEAR 1980-81. 2.1 FIRST OF ALL WE TAKE UP THE APPEAL OF THE ASSE SSEE IN ITA NO.110/JP/ 2011 WHEREIN THE ONLY GRIEVANCE OF THE ASSESSEE IS THAT THE LD CIT(A) HAS ERRED IN CONFIRMING THE PENALTY AMOUNTING TO RS. 84 420/- U/S 271(1)(A) OF THE ACT. 2.2 THE ASSESSEE FILED THE RETURN DECLARING INCOME OF RS. 61 030/- ON 20- 10-1980 AND THE RETURN WAS REVISED TO RS. 68 150/- ON 26-10-82. THE 2 ASSESSMENT WAS MADE ON AN INCOME OF RS. 23 91 710/- . THE RETURN WAS FILED IN THE STATUS OF REGISTERED FIRM. THE TAX PAYABLE O N THE RETURNED INCOME COMES TO RS.4 154/-. AS PER PENALTY ORDER U/S 273 IT IS CLEAR THAT THE ASSESSEE HAS PAID TDS AND ADVANCE TAX TO THE EXTENT OF RS. 6 971/-. THUS THE ASSESSEE HAS PAID TAX IN EXCESS OF THE TAX PAYABLE IN THE RE TURNED INCOME AND THEREFORE THERE WAS NO CASE OF IMPOSING PENALTY U/ S 271(1)(A) OF THE ACT. HENCE THE PENALTY IMPOSED BY THE AO IS CANCELLED. 3.1 NOW WE TAKE UP THE APPEAL OF THE ASSESSEE IN I TA NO.109/JP/ 2011. 3.2 THE ASSESSEE DURING THE COURSE OF PROCEEDINGS F ILED THE AMENDED GROUNDS OF APPEAL. THE ORIGINAL GROUND OF APPEAL WA S RELATING TO PENALTY U/S 271(1)(A) WHILE THE ISSUE IN THIS APPEAL IS IN RESP ECT OF SECTION 273. THEREFORE THE AMENDED GROUND OF APPEAL HAS BEEN AC CEPTED. THE AO INITIATED PENALTY PROCEEDINGS U/S 273(2)(A). PENALT Y U/S 273(2)(A) IS IMPOSABLE IN CASE THE ASSESSEE HAS FURNISHED THE ES TIMATE OF ADVANCE TAX U/S 209A OR FILED THE ESTIMATE U/S 212 AS AGAINST NOTIC E OF ADVANCE TAX ISSUED U/S 210 OF THE ACT. THE AO HAS NOT MENTIONED IN THE ORD ER TO INDICATE THE ESTIMATE FILED BY THE ASSESSEE. IN CASE THE ASSESSE E HAS NOT FILED THE ESTIMATE THEN PENALTY IS NOT LEVIABLE. TDS AND ADVANCE TAX P AID IS MORE THAN THE TAX PAYABLE ON THE RETURNED INCOME. IN THE ABSENCE OF A NY EVIDENCE ON RECORD 3 THAT THE ASSESSEE HAS FILED THE ESTIMATE WE FEEL T HAT PENALTY IS NOT IMPOSABLE U/S 271(2)(A) OF THE ACT. THUS THE PENALTY IMPOSED BY THE AO IS CANCELLED. 4. IN THE RESULT THE APPEALS OF THE ASSESSEE ARE ALLOWED THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 30-09 -2011. SD/- SD/- (R.K. GUPTA) (N.L. KALRA) JUDICIAL MEMBER ACCOUNTANT MEMBER JAIPUR DATED; 30 /09/2011 *MISHRA COPY FORWARDED TO :- 1. M/S. VIMAL TRADING CORPORATION JAIPUR 2. THE ITO WARD- 2 (2) JAIPUR 3. THE LD. CIT BY ORDER 4. THE LD. CIT(A) 5. THE LD.DR 6. THE GUARD FILE (ITA NO.109/JP /11) A.R ITAT JAIPUR