Shashiben Rajendra Jain L/H. of late Rajendra Suganchand Jain, Ahmedabad v. The ACIT, Circle-2,, Ahmedabad

ITA 263/AHD/2015 | 2007-2008
Pronouncement Date: 10-11-2017 | Result: Allowed

Appeal Details

RSA Number 26320514 RSA 2015
Assessee PAN AARPJ4275F
Bench Ahmedabad
Appeal Number ITA 263/AHD/2015
Duration Of Justice 2 year(s) 9 month(s) 7 day(s)
Appellant Shashiben Rajendra Jain L/H. of late Rajendra Suganchand Jain, Ahmedabad
Respondent The ACIT, Circle-2,, Ahmedabad
Appeal Type Income Tax Appeal
Pronouncement Date 10-11-2017
Appeal Filed By Assessee
Tags No record found
Order Result Allowed
Bench Allotted C
Tribunal Order Date 10-11-2017
Assessment Year 2007-2008
Appeal Filed On 03-02-2015
Judgment Text
.. IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH AHMEDABAD .. BEFORE SHRI S.S. GODARA JUDICIAL MEMBER & SHRI PRADIP KUMAR KEDIA ACCOUNTANT MEMBER ./ I.T.A. NO.263/AHD/2015 ( / ASSESSMENT YEAR : 2007-08) SHASHIBEN RAJENDRA JAIN (LEGAL HEIR RAJENDRA SUGANCHAND JAIN) OPP. M/S.RAJ TRADERS 2261 HOLI CHAKLA BHANDERI POLE KALUPUR AHMEDABAD 380 001 / VS. THE ACIT CIRCLE-2 AHMEDABAD $ ./ ./ PAN/GIR NO. : AARPJ 4275 F ( $' / APPELLANT ) .. ( ($' / RESPONDENT ) $') / APPELLANT BY : SHRI ANIL R.SHAH AR ($'*) / RESPONDENT BY : MS.ANUPAMA SINGALA SR.DR + *- / DATE OF HEARING 06/11/2017 ./0*- / DATE OF PRONOUNCEMENT 10 / 11 /2017 / O R D E R PER PRADIP KUMAR KEDIA - AM: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTAN CE OF THE ASSESSEE IS AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX(APPEALS)-10 AHMEDABAD [CIT(A) IN SHORT] DATED 09/12/2014 IN THE MATTER OF PENALTY ORDER DATED 09/03/2012 PASSED UNDER S.271(1 )(C) OF THE INCOME ITA NO.263/AHD/ 2015 SHASHIBEN RAJENDRA JAIN VS. ACIT ASST.YEAR 2007-08 - 2 - TAX ACT 1961 (HEREINAFTER REFERRED TO AS 'THE ACT' ) RELEVANT TO ASSESSMENT YEAR (AY) 2007-08. 2. IN THIS APPEAL THE ASSESSEE SEEKS TO CHALLENG E THE ACTION OF THE CIT(A) IN SUSTAINING PENALTY ON QUANTUM ADDITION OF RS.2 50 672/- UNDER S.271(1)(C) OF THE ACT. 3. BRIEFLY STATED A SURVEY UNDER S.133A OF THE ACT WAS CARRIED OUT AT THE BUSINESS PREMISES OF THE ASSESSEE ON 19/01/2007 . IN THE COURSE OF SURVEY THE ASSESSEE MADE A DISCLOSURE OF RS.35 LAK HS TOWARDS UNDISCLOSED INCOME. IT WAS ALLEGED BY THE AO THAT THE ASSESSEE DID NOT INCLUDE THE AFORESAID INCOME IN THE RETURN FILED SU BSEQUENT TO THE SURVEY ON 02/11/2007 RELEVANT TO AY 2007-08. THE AO ACCOR DINGLY IMPOSED PENALTY THERE ON UNDER S.271(1)(C) OF THE ACT. 4. IN THE FIRST APPEAL THE CIT(A) FOUND THAT OUT O F ADDITION OF RS.35 LAKHS IN THE QUANTUM PROCEEDINGS A SUM OF RS.32 49 328/- WAS FOUND UNSUSTAINABLE BY THE ITAT. THEREFORE RELIEF WAS G RANTED TO THE ASSESSEE FOR THE AFORESAID AMOUNT. THE CIT(A) NOTICED THAT IN THE COURSE OF PROCEEDINGS BEFORE THE ITAT THE ASSESSEE OFFERED T HE BALANCE AMOUNT OF RS.2 50 672/- AS INCOME WHICH HAVE NOT BEEN DISCLOS ED IN THE RETURN OF INCOME. THE AFORESAID AMOUNT WAS THUS FOUND TO BE UNDISCLOSED INCOME OF THE ASSESSEE. THE CIT(A) ACCORDINGLY SUSTAINED PENALTY ON THE AFORESAID AMOUNT OF RS.2 50 672/-. ITA NO.263/AHD/ 2015 SHASHIBEN RAJENDRA JAIN VS. ACIT ASST.YEAR 2007-08 - 3 - 5. AGGRIEVED THE ASSESSEE IS IN APPEAL BE FORE THE ITAT. 6. WITH THE ASSISTANCE OF THE LD.AR FOR THE ASSESSE E WE FIND THAT ADDITION OF RS.2 50 672/- EMANATING FROM SURVEY PRO CEEDINGS ARE PURELY AN ESTIMATE. THE AO HAS NOT POINTED OUT IN WHAT MA NNER THE ASSESSEE HAS CONCEALED INCOME OR FURNISHED IN ACCURATE PARTICULA RS OF INCOME. NO SPECIFIC MATERIAL IS AVAILABLE ON RECORD TO PROVE T HE FACT OF CONCEALMENT. THE SOLE BASIS IS THE ADMISSION MADE BY THE ASSESSE E BEFORE THE SURVEY TEAM. IN THE ABSENCE OF ANY TANGIBLE MATERIAL INCR IMINATING THE ASSESSEE WITH ANY MALAFIDE WE DO NOT CONSIDER IT A FIT CASE FOR IMPOSITION OF PENALTY. IN THESE CIRCUMSTANCES WE FIND MERIT IN THE PLEA RAISED ON BEHALF OF THE ASSESSEE FOR DELETION OF PENALTY. W E DIRECT THE AO TO DO SO ACCORDINGLY. 7. IN THE RESULT APPEAL OF THE ASSESSEE IS ALLOWED . THIS ORDER PRONOUNCED IN OPEN COURT ON 10 11 /20 17 SD/- SD/- (..) ( ) ( S.S. GODARA ) ( PRADIP KUMAR KEDIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD; DATED 10/ 11 /2017 4..+ .+../ T.C. NAIR SR. PS ITA NO.263/AHD/ 2015 SHASHIBEN RAJENDRA JAIN VS. ACIT ASST.YEAR 2007-08 - 4 - !'#$%&%# / COPY OF THE ORDER FORWARDED TO : 1. $' / THE APPELLANT 2. ($' / THE RESPONDENT. 3. 567- 8- / CONCERNED CIT 4. 8- ( ) / THE CIT(A)-10 AHMEDABAD 5. 9:-+67 670 5 / DR ITAT AHMEDABAD 6. < / GUARD FILE. / BY ORDER (9-- //TRUE COPY// / ( DY./ASSTT.REGISTRAR) / ITAT AHMEDABAD 1. DATE OF DICTATION .. 7.11.17 (DICTATION-PAD PA GES ATTACHED AT THE END OF THIS APPEAL-FILE) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 7.11.17 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S.10.11.17 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 10.11.17 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER