Dharmil Navinchandra Mehta, Bhavnagar v. The ACIT.,Circle-2,, Bhavnagar

ITA 2035/AHD/2010 | 2001-2002
Pronouncement Date: 07-01-2011 | Result: Allowed

Appeal Details

RSA Number 203520514 RSA 2010
Assessee PAN ACXPM5865A
Bench Ahmedabad
Appeal Number ITA 2035/AHD/2010
Duration Of Justice 6 month(s) 27 day(s)
Appellant Dharmil Navinchandra Mehta, Bhavnagar
Respondent The ACIT.,Circle-2,, Bhavnagar
Appeal Type Income Tax Appeal
Pronouncement Date 07-01-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted B
Tribunal Order Date 07-01-2011
Assessment Year 2001-2002
Appeal Filed On 10-06-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH AHMEDABAD BENCH AHMEDABAD BENCH AHMEDABAD BENCH B BB B BEFORE BEFORE BEFORE BEFORE SHRI SHRI SHRI SHRI T.K.SHARMA T.K.SHARMA T.K.SHARMA T.K.SHARMA JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER AND AND AND AND SHRI N.S. SAINI ACCOUNTANT MEMBER SHRI N.S. SAINI ACCOUNTANT MEMBER SHRI N.S. SAINI ACCOUNTANT MEMBER SHRI N.S. SAINI ACCOUNTANT MEMBER DATE OF HEARING:7-1-1 DRAFTED ON: 12-1-20 11. ITA NO. 2035 /AHD/ 2010 ASSESSMENT YEAR :2001-02 SHRI DHARMIL N. MEHTA PROP. GEETA TRADING COMPANY OPP. COLLECTORATE BHIDBHANJAN MAHADEV ROAD BHAVNAGAR. VS. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-2 INCOME TAX OFFICE BHAVNAGAR. PAN/GIR NO. :ACXPM 5865 A (A PPELLANT ) .. ( RESPONDENT ) APPELLANT BY : SHRI BANDISH SOPARKAR. RESPONDENT BY: SHRI K. MADHUSUDAN SR. D.R. O R D E R O R D E R O R D E R O R D E R PER N.S.SAINI ACCOUNTANT MEMBER :- THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST T HE ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-XX AHMEDABAD DATED 1-10-2009. 2. THE SOLE GROUND OF APPEAL TAKEN BY THE ASSESSEE IS THAT LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-XX AHMEDABAD ERRED IN LAW AND ON FACTS IN CONFIRMING THE LEVY OF PENALTY UNDER SECTI ON 271(1)(C) OF THE ACT OF `.1 42 490/- ON AN ADDITION OF `.4 00 000/- MADE UN DER SECTION 68 OF THE ACT. 3. THE BRIEF FACTS OF THE CASE ARE THAT ADDITION OF `.4 00 000/- WAS MADE UNDER SECTION68 OF THE ACT BY THE LEARNED ASSESSING OFFICER TREATING THE GIFTS RECEIVED AS UNEXPLAINED CASH CREDIT. IT WAS CONFIRMED IN APPEAL BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS). THERE AFTER THE LEARNED ASSESSING OFFICER LEVIED PENALTY OF `.1 42 490/- UN DER SECTION 271(1)(C ) FOR FURNISHING OF INACCURATE PARTICULARS OF INCOME AND CONCEALING THE INCOME TO - 2 - THAT EXTENT WHICH WAS ALSO CONFIRMED IN APPEAL BYTH E LEARNED COMMISSIONER OF INCOME TAX (APPEALS). 4. BEING AGGRIEVED BY THE ORDER OF THE LEARNED COM MISSIONER OF INCOME TAX (APPEALS) THE ASSESSEE IS IN APPEAL BEFORE US. 5. THE LEARNED AUTHORISED REPRESENTATIVE OF THE ASS ESSEE SUBMITTED THAT THE TRIBUNAL IN THE APPEAL FILED BY THE ASSESS EE VIDE ORDER DATED 13-10- 2010 IN APPEAL NO.675/AHD/.2008 HAS RESTORED THE AD DITION OF `.4 00 000/- ON ACCOUNT OF UNEXPLAINED CASH CREDIT TO THE FILE O F THE LEARNED ASSESSING OFFICER TO EXAMINE THE EVIDENCES FURNISHED BY THE A SSESSEE AND TO EXAMINE THE DONORS AND THEREAFTER TO READJUDICATE THE ISSUE AS PER LAW. HE THEREFORE SUBMITTED THAT THE ISSUE OF LEVY OF PENALTY SHOULD THEREFORE ALSO BE RESTORED BACK TO THE FILE OF THE LEARNED ASSESSING OFFICER F OR ADJUDICATION AFRESH IN LIGHT OF THE DECISION TAKEN IN THE SET ASIDE ASSESS MENT PROCEEDINGS. 6. THE LEARNED DEPARTMENTAL REPRESENTATIVE CONCURRE D WITH THE SUBMISSIONS OF THE LEARNED AUTHORISED REPRESENTATIV E OF THE ASSESSEE. 7. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE ORDERS OF THE LOWER AUTHORITIES AND THE MATERIALS AVAILABLE ON RE CORD. WE FIND THAT IN THE QUANTUM APPEAL FILED BY THE ASSESSEE AGAINST THE AD DITION OF `.4 00 000/- MADE AS UNEXPLAINED CASH CREDIT THE TRIBUNAL RESTOR ED THE MATTER BACK TO THE FILE OF THE LEARNED ASSESSING OFFICER FOR FRESH ADJUDICATION OF THE ISSUE. THEREFORE IT WOULD BE JUST AND FAIR TO RESTORE THE ISSUE OF LEVY OF PENALTY UNDER SECTION 271(1)(C ) ALSO BACK TO THE FILE OF T HE LEARNED ASSESSING OFFICER FOR FRESH ADJUDICATION IN THE LIGHT OF THE DECISION TAKEN IN THE SET ASIDE PROCEEDINGS BY THE LEARNED ASSESSING OFFICER. WE THEREFORE SET ASIDE THE ORDERS OF THE LOWER AUTHORITIES AND REMAND THE MATTER BACK TO THE FILE OF THE LEARNED ASSESSING OFFICER TO READJUDICATE THE I SSUE OF LEVY OF PENALTY UNDER SECTION 271(1)(C ) OF THE ACT IN LIGHT OF THE DECISION TAKEN IN THE SET ASIDE PROCEEDINGS. 8. IN THE RESULT THE APPEAL OF THE ASSSESSEE IS AL LOWED FOR STATISTICAL PURPOSES. - 3 - ORDER PRONOUNCED IN THE COURT AT THE CLOSE OF THE H EARING IN THE PRESENCE OF THE PARTIES ON 7 TH DAY OF JANUARY 2011. SD/- SD/- ( T.K. SHARMA ) ( T.K. SHARMA ) ( T.K. SHARMA ) ( T.K. SHARMA ) ( N.S. SAINI ) ( N.S. SAINI ) ( N.S. SAINI ) ( N.S. SAINI ) JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER DATED: AHMEDABAD 7 TH DAY OF JANUARY 2011. COMPILED AND COMPARED BY : PATKI COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE LD. CIT(APPEALS)- 5. THE DR AHMEDABAD BENCH 6. THE GUARD FILE. BY ORDER //TRUE COPY// (DY./ASSTT.REGISTRAR) ITAT AHMEDABAD DATE INITIALS 1. DRAFT DICTATED ON 07--01-2011 ------------- ------ 2. DRAFT PLACED BEFORE AUTHORITY 07-01-2011 --- ---------------- 3. DRAFT PROPOSED & PLACED 07-01-2011 --------- ---------- JM BEFORE THE SECOND MEMBER 4. DRAFT DISCUSSED/APPROVED 07-01-2011 -------- ----------- JM/AM BY SECOND MEMBER 5. APPROVED DRAFT COMES TO P.S 07-01-2011 ------- ------------- 6. KEPT FOR PRONOUNCEMENT ON 07-01-2011 ------- ------------- 7. FILE SENT TO THE BENCH CLERK ---------------- -------------------- 8. DATE ON WHICH FILE GOES TO THE ---------------- -------------------- 9. DATE OF DISPATCH OF ORDER ---------------- - --------------------