Shri Parin Rajnikant Maniar, Ahmedabad v. The Income tax Officer,Ward-11(2),, Ahmedabad

ITA 1363/AHD/2011 | 2006-2007
Pronouncement Date: 04-11-2011 | Result: Allowed

Appeal Details

RSA Number 136320514 RSA 2011
Assessee PAN AHKPM1433C
Bench Ahmedabad
Appeal Number ITA 1363/AHD/2011
Duration Of Justice 5 month(s) 25 day(s)
Appellant Shri Parin Rajnikant Maniar, Ahmedabad
Respondent The Income tax Officer,Ward-11(2),, Ahmedabad
Appeal Type Income Tax Appeal
Pronouncement Date 04-11-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted C
Tribunal Order Date 04-11-2011
Date Of Final Hearing 04-11-2011
Next Hearing Date 04-11-2011
Assessment Year 2006-2007
Appeal Filed On 10-05-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH AHMEDABAD (BEFORE S/SHRI BHAVNESH SAINI JM AND A. K. GARODIA AM) ITA NO.1363/AHD/2011 A. Y.: 2006-07 SHRI PARIN RAJNIKANT MANIAR C/O. NANAVATY & ASSOCIATES A/18 3 RD FLOOR NARAYAN CHAMBERS ASHRAM ROAD AHMEDABAD 380 009 VS THE INCOME TAX OFFICER WARD 11(2) AHMEDABAD PA NO. AHKPM 1433 C (APPELLANT) (RESPONDENT) APPELLANT BY SHRI ASUTOSH P. NANAVATY AR RESPONDENT BY SHRI K. MADHUSUDAN SR. DR DATE OF HEARING: 04-11-2011 DATE OF PRONOUNCEMENT: 04-11-2011 O R D E R PER BHAVNESH SAINI: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LEARNED CIT(A)-XV I AHMEDABAD DATED 07-02-2011 FOR ASSESSMENT YEAR 2006-07 CHAL LENGING THE LEVY OF PENALTY U/S 271 (1) (C) OF THE IT ACT. 2. THE ASSESSEE IN THE PRESENT APPEAL CHALLENGED T HE LEVY OF PENALTY FOR LOW WITHDRAWAL OF HOUSEHOLD EXPENSES OF RS.60 000/-.THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE QUANTUM APPEAL OF THE ASSESSEE IS PENDING BEFORE THE LEARNED CIT(A ) FOR DISPOSAL AND AS SUCH THE MATTER REQUIRES RECONSIDERATION AT THE LEVEL OF THE LEARNED CIT(A). THE LEARNED DR ALSO SUGGESTED THAT SINCE TH E QUANTUM APPEAL IS PENDING BEFORE THE LEARNED CIT(A) FOR THE SAME ITA NO.1363/AHD/2011 SHRI PARIN RAJNIKANT MANIAR VS ITO WARD - 11(2) AH MEDABAD 2 ASSESSMENT YEAR ON THE SAME MATTER IN ISSUE THEREF ORE THE LEARNED CIT(A) SHOULD HAVE DECIDED THE PENALTY APPEAL AFTER DECISION TAKEN IN THE QUANTUM APPEAL THEREFORE THE MATTER MAY BE RE STORED TO THE FILE OF THE LEARNED CIT(A). 3. ON CONSIDERATION OF THE ABOVE FACTS WE ARE OF THE VIEW THE MATTER REQUIRES RECONSIDERATION AT THE LEVEL OF THE LEARNED CIT(A). BOTH THE PARTIES STATED THAT THE APPEAL OF THE ASSE SSEE ON QUANTUM ON THE SAME MATTER IN ISSUE OF LOW HOUSEHOLD WITHDR AWAL IS PENDING BEFORE THE LEARNED CIT(A). THEREFORE THE LEARNED C IT(A) SHOULD NOT HAVE DECIDED THE APPEAL BEFORE DECIDING THE QUANTUM APPEAL BECAUSE THE QUANTUM ORDER WOULD HAVE BEARING ON LEV Y OF THE PENALTY. WE ACCORDINGLY SET ASIDE THE ORDER OF TH E LEARNED CIT(A) CONFIRMING LEVY OF PENALTY U/S 271 (1) (C ) OF THE IT ACT ON THE ABOVE MATTER IN ISSUE AND RESTORE THIS ISSUE TO HIS FILE WITH DIRECTION TO RE- DECIDE THE PENALTY APPEAL AFTER DECIDING THE QUANTU M APPEAL OF THE ASSESSEE. THE LEARNED CIT(A) SHALL GIVE REASONABLE SUFFICIENT OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 4. IN THE RESULT THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (A. K. GARODIA) ACCOUNTANT MEMBER (BHAVNESH SAINI) JUDICIAL MEMBER LAKSHMIKANT/- ITA NO.1363/AHD/2011 SHRI PARIN RAJNIKANT MANIAR VS ITO WARD - 11(2) AH MEDABAD 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