Shri Ibrahimbhai K.Langada, Bhavnagar v. The Income tax Officer,Ward-1(1),, Bhavnagar

ITA 1686/AHD/2011 | 2005-2006
Pronouncement Date: 30-09-2016 | Result: Allowed

Appeal Details

RSA Number 168620514 RSA 2011
Assessee PAN ACAPL6536G
Bench Ahmedabad
Appeal Number ITA 1686/AHD/2011
Duration Of Justice 5 year(s) 3 month(s) 7 day(s)
Appellant Shri Ibrahimbhai K.Langada, Bhavnagar
Respondent The Income tax Officer,Ward-1(1),, Bhavnagar
Appeal Type Income Tax Appeal
Pronouncement Date 30-09-2016
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted SMC
Tribunal Order Date 30-09-2016
Date Of Final Hearing 09-09-2016
Next Hearing Date 09-09-2016
Assessment Year 2005-2006
Appeal Filed On 22-06-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD SMC BENCH AHMEDABAD BEFORE SHRI S. S. GODARA JUDICIAL MEMBER AND SHRI MANISH BORAD ACCOUNTANT MEMBER. ITA. 1686/AHD/2011 (ASSESSMENT YEAR:2005-06) SHRI IBRAHIMBHAI K. LANGADA PROP. OF R. K. STEEL TRADERS SAVARKUNDLA ROAD NR. RANNADE MARBLE MAHUVA DIST: BHAVNAGAR APPELLANT VS. THE ITO WARD 1(1) BHAVNAGAR RESPONDENT PAN: ACAPL6536G / BY ASSESSEE : SHRI PARIMAL SINGH PARMAR A.R . / BY REVENUE : SHRI S. L. CHANDEL SR. D.R. / DATE OF HEARING : 09.09.2016 / DATE OF PRONOUNCEMENT : 30.09.2016 ORDER PER S. S. GODARA JUDICIAL MEMBER THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2005-06 ARISES FROM CIT(A)-XX AHMEDABADS ORDER DATED 24.03.2011 IN CASE ITA NO.2806/AHD/2013 (M/S. M. D. SHAH & CO. VS. ITO ) A.Y. 2007-08 - 2 - NO. CIT(A) XX/2/10-11 AFFIRMING PENALTY OF RS.2 65 090/- IMPOSED BY THE ASSESSING OFFICER VIDE ORDER DATED 2 3.02.2010 IN PROCEEDINGS U/S.271(1)(C) OF THE INCOME TAX ACT 1961; IN SHORT THE ACT. 2. RELEVANT FACTS OF THE CASE ARE IN A NARROW COMPA SS. BOTH THE LOWER AUTHORITIES HAVE IMPOSED THE IMPUGNED PEN ALTY BY HOLDING THE ASSESSEE TO HAVE FURNISHED INACCURATE P ARTICULARS OF INCOME AND ITS CONCEALMENT TO THE TUNE OF RS.8 0 7 786/-. THIS AMOUNT IN FACT REPRESENTS A CORRESPONDING ADDI TION MADE IN THE COURSE OF ASSESSMENT AFTER REJECTION OF ASSE SSEES CLAIM TO HAVE RECEIVED CASH GIFTS FROM HIS FATHER-IN-LAW SHRI ISMAILBHAI. THIS DONOR APPEARS TO HAVE PLACED ON R ECORD LAND REVENUE DOCUMENTS PROVING TO HAVE OWNED 75 BIGHAS L AND. ALL THIS FOLLOWED HIS CONFIRMATION IN THE COURSE OF SCR UTINY AS WELL. THE MODE OF GIFTS IN QUESTION IS PEACEMILL INSTANCE S OF RS.85000/- PER YEAR FOR THE LAST 11 YEARS. THE ASS ESSING OFFICER MADE THE IMPUGNED ADDITION AS UPHELD BY THE CIT(A) IN HIS ORDER DATED 29.01.2009. THIS TRIBUNAL DISMISSE D ASSESSEES APPEAL ITA NO.1404/AHD/2009 ON 27.04.2011 IN DEFAUL T FOR NON PROSECUTION. THE SAME IS YET TO BE RESTORED. 3. WE HAVE HEARD BOTH THE PARTIES REITERATING THEIR RESPECTIVE STAND AGAINST AND IN SUPPORT OF THE IMPUGNED PENAL TY. IT HAS COME ON RECORD THAT THE ASSESSEE HAS BEEN ABLE TO P RODUCE HIS FATHER-IN-LAW/DONER ALONGWITH ALL EVIDENCE OF SOURC E OF INCOME AND DOCUMENTARY PROOF (SUPRA). MEANING THEREBY THA T IT IS NOT A CASE OF MAKING ALTOGETHER A FALSE CLAIM. A COORD INATE BENCH OF THE TRIBUNAL IN ITA NO.3032/AHD/2010 CHHAGANBHAI K PATEL ITA NO.2806/AHD/2013 (M/S. M. D. SHAH & CO. VS. ITO ) A.Y. 2007-08 - 3 - VS. ITO DECIDED ON 05.09.2014 DELETES IDENTICAL PEN ALTY IN CASE OF A SIMILAR GIFT CLAIMED BACK BY THE VERY KIND OF EVIDENCE. WE FOLLOW THE SAME IN THE INSTANT APPEAL AS WELL TO DE LETE THE IMPUGNED PENALTY OF RS.2 65 090/-. 4. THIS ASSESSEES APPEAL IS ALLOWED. [ PRONOUNCED IN THE OPEN COURT ON THIS THE 30 TH DAY OF SEPTEMBER 2016 .] SD/- SD/- (MANISH BORAD) (S. S. GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD: DATED 30/09/2016 TRUE COPY S.K.SINHA / COPY OF ORDER FORWARDED TO:- / REVENUE 2 / ASSESSEE ! / CONCERNED CIT 4 !- / CIT (A) ( )* + --. . /0 / DR ITAT AHMEDABAD 1 + 23 4 5 / GUARD FILE. BY ORDER / . // . /0