L.G. Builders & Developers, Bangalore v. Asst. C.I.T., Bangalore

ITA 1535/BANG/2014 | 2008-2009
Pronouncement Date: 30-11-2014 | Result: Allowed

Appeal Details

RSA Number 153521114 RSA 2014
Bench Bangalore
Appeal Number ITA 1535/BANG/2014
Appellant L.G. Builders & Developers, Bangalore
Respondent Asst. C.I.T., Bangalore
Appeal Type Income Tax Appeal
Pronouncement Date 30-11-2014
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted A
Tribunal Order Date 30-11-2015
Date Of Final Hearing 24-11-2015
Next Hearing Date 24-11-2015
Assessment Year 2008-2009
Appeal Filed On 01-12-2014
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI ABRAHAM P GEORGE ACCOUNTANT MEMBER A ND SHRI VIJAY PAL RAO JUDICIAL MEMBER ITA NOS.1535 & 1536/BANG/2014 (ASSESSMENT YEARS: 2008 - 0 9 & 2009 - 10) M/S.L.G.BUILDERS & DEVELO PERS NO.4 L.G.ROSE HERITAGE HENNUR BAGALUR MAIN ROAD BANDE HOSUR VILLAGE BANGALORE. VS. APPELLANT ASST. COMMISSIONER OF INCOME - TAX CENTRAL CIRCLE 1(2) BANGALORE. RESPONDENT A PPELLANT BY: SHRI K.YADAVAN ITP. RE SPONDE NT B Y: SHRI M.VIJAY KUMAR ACIT (DR) DATE OF HEARING : 26 /11/2015 DATE OF PRONOUNCEMENT: 30 / 11 /2015. O R D E R PER ABRAHAM P GEORGE AM : THESE ARE APPEALS FILED BY THE ASSESSEE DIRECTED AGAINST THE ORDERS DATED 26/8/2014 OF THE CIT(A) - V I BANGALORE FOR THE IMPUGNED ASSESSMENT ORDERS. ITA NO S . 1521 T O 1536 /BANG/201 4 M/S.L.G.BUILDERS & DEVELOPERS & ANOTHER PAGE 2 OF 3 2. A SSESSEE IN BOTH THESE APPEALS ASSAIL LEVY OF PENALTY UNDER SECTION 271AAA R.W.S.274 OF THE IT ACT. PENALTY LEVIED WAS ON ACCOUNT OF ADDITION PURSUANT TO PROCEEDINGS U/S 153C OF THE ACT. AO HAS MENTION ED IN HIS ORDER THAT EXPLANATION OF THE ASSESSEE WAS NOT ACCEPTABLE AND SECTION 271AAA STOOD ATTRACTED. ASSESSEE S APPEAL S BEFORE CIT(A) WAS NOT SUCCESSFUL. IT SEEMS DESPITE NUMBER OF CHANCES ASSESSEE DID NOT APPEAR EXCEPT FOR FILING ADJOURNMENT PETITION. 3. WE HAVE HEARD THE COUNSEL. IT IS TRUE THAT THE ASSESSEE WAS GIVEN NUMBER OF CHANCES BY THE AO FOR EXPLAINING WHY PENALTY SHOULD NOT BE IMPOSED ON THE ADDITION MADE TO THE RETURNED INCOME. THE CIT(A) HAD ALSO GIVEN FIVE OPPORTUNITIE S TO THE ASSESSEE WHEN THE MATTER CAME BEFORE HIM. IT IS A FACT THAT THE ASSESSEE HAD FILED ADJOURNMENT LETTERS IN EACH OF THESE OCCASIONS. THE CIT(A) HIMSELF HAS IN HIS ORDER SUMMARIZED THE CONTENTS OF SUCH ADJOURNMENT LETTERS. THE REASONS MENTIONED I N THE ADJOURNMENT LETTERS WERE DIFFERENT AND NOT IDENTICAL. IN OUR OPINION ASSESSEE WAS NOT ACTING MECHANICALLY WHILE SEEKING ADJOURNMENT. EN DS OF JUSTICE W ILL BE MET IF ONE LAST CHANCE IS GIVEN TO THE ASSESSEE TO EXPLAIN ITS POSITION. WE THEREFORE S ET ASIDE THE ORDER OF THE CIT(A) AND REMIT THE MATTER BACK TO HIS FILE FOR CONSIDERATION AFRESH IN ACCORDANCE WITH LAW. A SSESSEE SHALL BE GIVEN ONE FINAL OPPORTUNITY BY THE CIT(A) . CIT(A) WILL BE FREE TO PROCEED IN ACCORDANCE WITH LAW WHETHER THE ASSESS EE ENTERS APPEARANCE ON THAT DAY OR NOT . ITA NO S . 1521 T O 1536 /BANG/201 4 M/S.L.G.BUILDERS & DEVELOPERS & ANOTHER PAGE 3 OF 3 7. IN THE RESULT THE APPEALS OF THE ASSESSEE FOR BOTH THE YEARS ARE TREATED AS ALLOWED FOR STATISTICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON 30 TH NOVEMBER 2015 SD/ - SD/ - ( VIJAY PAL RAO ) (ABRAHAM P GEORGE) JUDICIAL MEMBER ACCOUNTANT MEMBER E KSRINIVASULU SPS C OPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ITAT BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE T RIBUNAL BANGALORE