Dr. O.P. Bajaj, Allahabad v. ITO,, Allahabad

ITA 138/ALLD/2014 | 2008-2009
Pronouncement Date: 29-04-2015 | Result: Allowed

Appeal Details

RSA Number 13820714 RSA 2014
Assessee PAN ACSPB3133B
Bench Allahabad
Appeal Number ITA 138/ALLD/2014
Duration Of Justice 1 year(s) 21 day(s)
Appellant Dr. O.P. Bajaj, Allahabad
Respondent ITO,, Allahabad
Appeal Type Income Tax Appeal
Pronouncement Date 29-04-2015
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted SMC
Tribunal Order Date 29-04-2015
Assessment Year 2008-2009
Appeal Filed On 07-04-2014
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL ALLAHABAD BENCH ALLAHABAD BEFORE SHRI D. KARUNAKARA RAO ACCOUNTANT MEMBER AN D SHRI C. N. PRASAD JUDICIAL MEMBER ITA NO. 138/ALLD/2014 ASSESSMENT YEAR: 2008-09 DR. O.P. BAJAJ 17 ADMONSTON ROAD ALLAHABAD 211001 PAN:-ACSPB3133B VS. ITO RANGE-1(3) ALLAHABAD 211001 (APPELLANT) (RESPO NDENT) ASSESSEE BY : SHRI PRAVEEN GODBOLE REVENUE BY : SHRI UMESH PATHAK DATE OF HEARING : 27.04.2015 DATE OF PRONOUNCEMENT : 29.04.2015 O R D E R PER D. KARUNAKARA RAO AM: THIS APPEAL BY THE ASSESSEE IS FILED AGAINST THE ORDER OF THE LD. CIT(A) ALLAHABAD DATED 11.02.2014 FOR THE A.Y. 2008-09. 2. THE REVENUES ORDERS REVOLVES AROUND THE LEVY OF PENALTY U/S 271A OF THE ACT FOR FAILURE TO KEEP THE MAINTAIN OR RETAIN BOOKS OF ACCOUNTS DOCUMENTS ETC. THIS IS THE OBSERVATION OF THE AO WHILE LEVY THE PENALTY U/ S 271A OF THE ACT THAT ASSESSEE THAT THE ASSESSEE FAILED TO MAINTAIN REGULAR BOOKS OF ACCOUNTS. BUT THE EXPLANATION OF THE ASSESSEE IN THIS REGARD REVOLVES AROUND THE INCIDENT OF FIRE AT HIS PREMISES AND THEREFORE ASSESSEE IS NOT IN DEFAULT IN THIS R EGARD. FURTHER HE SUBMITTED BEFORE THE AUTHORITIES AS WELL AS BEFORE US THAT THE ASSES SEE IS ENGAGED IN THE MEDICAL PROFESSION AND REGULARLY FILING THE RETURNS TO THE DEPARTMENT AFTER MAINTAINING THE BOOKS OF ACCOUNTS. THIS IS FOR THE FIRST TIME THE A SSESSEE IS ALLEGED ON THIS ISSUE OF MAINTENANCE OF BOOKS OF ACCOUNTS. OTHERWISE HE IS REGULAR IN FILING RETURNS AND MAINTAIN THE BOOKS OF ACCOUNTS. ITA NO. 138/ALLD/2014 ASSESSMENT YEAR: 2008-09 2 3. LD. CIT(A) CONFIRMED THE PENALTIES AFTER CONSIDE RING THE EXPLANATION OF THE ASSESSEE WHICH IS EXTRACTED IN PARA 3 OF THE IMPUG NED ORDER. BEFORE US LEARNED COUNSEL FOR THE ASSESSEE MENTIONED THAT THE ASSESSI NG OFFICER IMPOSED PENALTY OF RS.25 000/- U/S 271A OF THE ACT. FURTHER IT IS MEN TIONED THAT ASSESSEE IS 78 YEARS ENGAGED IN PATHOLOGY DIVISION AND HE IS A HEART PAT IENT TOO. ASSESSEE OWNS PATHOLOGY CENTERS AND IS REGULAR TAX PAYER THE MAIN TAINS THE BOOKS OF ACCOUNTS REGULARLY. THIS YEAR ALSO ASSESSEE MAINTAINED THE B OOKS OF ACCOUNTS AND THE SAME WERE LOST DUE TO FIRE IN THE OFFICE PREMISES OF TH E ASSESSSEE. 4. AFTER HEARING BOTH THE PARTIES AND PERUSED THE O RDERS OF THE REVENUE WE FIND THAT THE AO HAS NOT REBUTTED THE CLAIM OF THE ASSES SEE REGARDING THE EVENT OF FILE. IN OUR OPINION THE SUBMISSIONS OF THE ASSESSEE CONSTI TUTES THE REASONABLE CAUSE. THEREFORE IN OUR OPINION IT IS NOT A FIT CASE FOR LEVY OF PENALTY U/S 271A OF THE ACT. ACCORDINGLY GROUND RAISED BY THE ASSESSEE IS ALLOW ED. 5. IN THE RESULT APPEAL FILED BY THE ASSESSEE IS ALLOWED . ORDER PRONOUNCED IN THE OPEN COURT ON THIS 29 TH DAY OF APRIL 2015. SD/- SD/- (C. N. PRASAD) (D. KARUNAKARA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER ALLAHABAD DATED: 29.04.2015 *SRIVASTAVA COPY TO: THE APPELLANT THE RESPONDENT THE CIT CONCERNED ALLAHABAD THE CIT(A) CONCERNED ALLAHABAD THE DR BENCH //TRUE COPY// BY ORDER DY/ASSTT. REGISTRAR ITAT ALLAHABAD.