Parry Enginnering & Electronics Pvt.Ltd.,, Ahmedabad v. The Dy.CIT.,Circle-5,, Ahmedabad

ITA 1257/AHD/2010 | 2005-2006
Pronouncement Date: 16-07-2010 | Result: Allowed

Appeal Details

RSA Number 125720514 RSA 2010
Assessee PAN AAACP6747J
Bench Ahmedabad
Appeal Number ITA 1257/AHD/2010
Duration Of Justice 2 month(s) 24 day(s)
Appellant Parry Enginnering & Electronics Pvt.Ltd.,, Ahmedabad
Respondent The Dy.CIT.,Circle-5,, Ahmedabad
Appeal Type Income Tax Appeal
Pronouncement Date 16-07-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted A
Tribunal Order Date 16-07-2010
Date Of Final Hearing 16-07-2010
Next Hearing Date 16-07-2010
Assessment Year 2005-2006
Appeal Filed On 22-04-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH AHMEDABAD (BEFORE S/SHRI BHAVNESH SAINI JM AND N. S. SAINI AM) ITA NO.1257/AHD/2010 A. Y.: 2005-06 PARRY ENGINEERING & ELECTRONICS PVT. LTD. HARKUVER HAVELI OPP. JAIN TEMPLE GANDHI ROAD AHMEDABAD VS THE D. C. I. T. CIRCLE-5 C.U. SHAH BUILDING AHMEDABAD PAN NO. AAACP 6747 J (APPELLANT) (RESPONDENT) APPELLANT BY SHRI P. H. SHAH AR RESPONDENT BY SHRI D. S. CHAUDHRY DR O R D E R PER BHAVNESH SAINI: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE CIT(A)-XXI AHMEDABAD DATE D 30-03-2010 FOR ASSESSMENT YEAR 2005-06 ON THE FOLLOWING GROUNDS: 1. THE LEARNED CIT(A) HAS ERRED IN CONFIRMING THE PENALTY ORDER PASSED BY THE A. O. LEVYING PENALTY OF RS.36 600/- U/S. 271 (1) ( C ) OF THE ACT WITHOUT P ROPER APPRECIATION OF FACTS SUBMISSIONS AND LEGAL POSITI ON AS WELL AS ARGUMENTS PUT FORTH IN THE WRITTEN SUBMISSI ONS FILED THE IMPUGNED PENALTY OF RS.36 600/- 2. THE LEARNED CIT(A) HAS ERRED IN LAW AND ON FACTS IN CONFIRMING THE PENALTY ORDER WITHOUT CONSIDERING TH E FACT THAT THE ADDITION MADE BY THE A. O. ON ACCOUNT OF G.P. AS CONFIRMED BY THE LEARNED CIT(A) TO THE EXTENT OF RS.60 000/- AND WHICH STOOD ENHANCED BY THE HONBLE ITAT TO RS.1 00 000/- BEING BASED SOLELY ON ESTIMATES THERE IS NO CASE OF EITHER FURNISHING OF INACCURATE PARTICULARS OF INCOME OR CONCEALMENT OF INCOME. IN VIEW OF THE FACTS OF THE CASE THE IMPUGNED PENALTY OF RS.36 600/- REQUIRES TO BE CANCELLED/DELETED. ITA NO. 1257/AHD/2010 PARRY ENGINEERING & ELECTRONICS PVT. LTD. VS DCIT C IR-5 AHMEDABAD 2 2. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED T HAT THE LEARNED CIT(A) INCORPORATING THE ORDER OF THE AO ON PENALTY AND NOTING THE WRITTEN SUBMISSIONS FILED BY THE ASSESSEE DISMISSED THE APPEAL OF THE ASSESSEE WITHOUT GIVING ANY REASONS FOR DECISION. T HE LEARNED DR DID NOT DISPUTE THE ABOVE FACTS. 3. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS OF THE PARTIES AND GONE THROUGH THE IMPUGNED ORDERS AND FOUND THAT THE MATT ER REQUIRES RECONSIDERATION AT THE LEVEL OF THE LEARNED CIT(A). THE LEARNED CIT(A) INCORPORATED THE ORDER OF THE AO ON PENALTY IN THE IMPUGNED ORDER AND FURTHER NOTED THAT THE ASSESSEE FILED WRITTEN SUBMI SSIONS AND DISMISSED THE APPEAL OF THE ASSESSEE. SECTION 250(6) OF THE I T ACT PROVIDES THAT LEARNED CIT(A) SHALL HAVE TO GIVE REASONS FOR DECIS ION WHILE DISPOSING OF THE APPEAL. IN THIS CASE LEARNED CIT(A) WITHOUT GI VING ANY REASONS FOR DECISION IN THE APPELLATE ORDER DISMISSED THE APPEA L OF THE ASSESSEE. THEREFORE THE IMPUGNED ORDER IS VIOLATIVE OF SECTI ON 250 (6) OF THE IT ACT. WE ACCORDINGLY SET ASIDE THE ORDER OF THE LEARNED CIT(A) AND RESTORE THIS APPEAL OF THE ASSESSEE TO HIS FILE WITH DIRECTION T O RE-DECIDE THE APPEAL OF THE ASSESSEE BY GIVING REASONS FOR DECISION IN THE APPELLATE ORDER BY GIVING REASONABLE SUFFICIENT OPPORTUNITY OF BEING H EARD TO THE ASSESSEE. 4. AS A RESULT APPEAL OF THE ASSESSEE IS ALLOWED F OR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 16-07-2010. SD/- SD/- (N. S. SAINI) ACCOUNTANT MEMBER (BHAVNESH SAINI) JUDICIAL MEMBER DATE : 16-07-2010 LAKSHMIKANT/- ITA NO. 1257/AHD/2010 PARRY ENGINEERING & ELECTRONICS PVT. LTD. VS DCIT C IR-5 AHMEDABAD 3 COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) CONCERNED 5. THE DR ITAT AHMEDABAD 6. GUARD FILE BY ORDER D Y. REGISTRAR ITAT AHMEDABAD