Shri Narendra B. Patel, Baroda v. The Income tax Officer, Ward-4(2),, Baroda

ITA 3110/AHD/2011 | 2001-2002
Pronouncement Date: 30-04-2015 | Result: Allowed

Appeal Details

RSA Number 311020514 RSA 2011
Assessee PAN ACWPP2500J
Bench Ahmedabad
Appeal Number ITA 3110/AHD/2011
Duration Of Justice 3 year(s) 4 month(s) 22 day(s)
Appellant Shri Narendra B. Patel, Baroda
Respondent The Income tax Officer, Ward-4(2),, Baroda
Appeal Type Income Tax Appeal
Pronouncement Date 30-04-2015
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted A
Tribunal Order Date 30-04-2015
Date Of Final Hearing 28-04-2015
Next Hearing Date 28-04-2015
Assessment Year 2001-2002
Appeal Filed On 08-12-2011
Judgment Text
ITA NO.3110/AHD/2011 ASSESSMENT YEAR: 2001-02 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH AHMEDABAD [CORAM: PRAMOD KUMAR AM AND S.S. GODARA JM] ITA NO.3110/AHD/2011 ASSESSMENT YEAR: 2001-02 NARENDRA B PATEL ...............APPELLANT A-8 SAMRAJYA TOWNSHIP NO.1 AKOTA ROAD BARODA. [PAN: ACWPP 2500 J] VS. INCOME TAX OFFICER .................RESPONDE NT WARD 2(4) BARODA. APPEARANCES BY: URVASHI SHODHAN ALONG WITH D.K. PARIKH FOR THE APPELLANT DINESH SINGH FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : APRIL 28 2015 DATE OF PRONOUNCING THE ORDER : APRIL 30 2015 O R D E R PER PRAMOD KUMAR AM: BY WAY OF THIS APPEAL THE ASSESSEE APPELLANT HAS C HALLENGED CORRECTNESS OF LEARNED CIT(A)S ORDER DATED 27 TH SEPTEMBER 2011 UPHOLDING PENALTY OF RS.2 75 000/- IMPOSED ON THE ASSESSEE UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT 1961 (HEREINAFTER REFERRED TO AS THE ACT) FOR THE ASSESSMENT YEAR 2001-02. 2. GRIEVANCE OF THE ASSESSEE IS THAT THE CIT(A) OUG HT TO HAVE DELETED THE IMPUGNED PENALTY PARTICULARLY AS THE ISSUE IS COVERED IN FA VOUR OF THE ASSESSEE BY TRIBUNALS ORDER IN ASSESSEES OWN CASE FOR THE ASSESSMENT YEA R 2002-03. ITA NO.3110/AHD/2011 ASSESSMENT YEAR: 2001-02 PAGE 2 OF 3 3. TO ADJUDICATE ON THIS APPEAL ONLY A FEW MATERIA L FACTS NEED TO BE TAKEN NOTE OF. A SEARCH AND SEIZURE OPERATION WAS CARRIE D OUT IN THE CASE OF JAYARAJ GROUP AND BASED ON THE EVIDENCES GATHERED DURING THIS SEARCH OPERATION THE ASSESSEE HAD DISCLOSED UNACCOUNTED INCOME OF RS.10 00 000/- SPREAD OVER THE ASSESSMENT YEARS 2000-01 2001-02 AND 2002-03. SUF FICE TO NOTE THAT PENALTIES FOR ALL THESE YEARS WERE LEVIED IN RESPECT OF INCOM E SO BROUGHT TO TAX AND SO FAR AS THE ASSESSMENT YEAR 2002-03 IS CONCERNED THE MA TTER REACHED BEFORE THIS TRIBUNAL TO ADJUDICATE ON CORRECTNESS OF THE PENALT Y VIDE ORDER DATED 4 TH JANUARY 2007 THE TRIBUNAL DELETED THE PENALTY FOR THE ASSESSMENT YEAR 2002-03. HOWEVER WHEN PENALTY FOR THE ASSESSMENT YEAR BEFOR E US REACHED THE CIT(A) THE CIT(A) DECLINED TO FOLLOW THE SAID ORDER ON THE GROUND THAT SUBSEQUENTLY IN THE CASES OF OTHER ASSESSEES ON MATERIALLY SIMILAR FACT THE TRIBUNAL HAS TAKEN A CONTRARY VIEW. THE ASSESSEE IS NOT SATISFIED AND I S IN APPEAL BEFORE US. 4. WE HAVE HEARD THE RIVAL CONTENTIONS PERUSED THE MATERIAL ON RECORD AND DULY CONSIDERED FACTS OF THE CASE IN THE LIGHT OF T HE APPLICABLE LEGAL POSITION. 5. WE HAVE NOTED THAT THE DECISION TAKEN BY THE TRI BUNAL HAS NOT BEEN REVERSED BY THE HONBLE COURTS ABOVE AND TO THAT EXTENT IT CONTINUES TO HOLD GOOD IN LAW SO FAR AS THIS ASSESSEE IS CONCERNED. ONCE A PARTICULAR STAND HAS BEEN TAKEN IN THE CASE OF AN ASSESSEE FOR ONE ASSES SMENT YEAR AND THE STAND SO TAKEN HAS REACHED FINALITY THERE IS NO GOOD REASON TO DEVIATE FROM THE SAME. THE MERE FACT THAT SUBSEQUENTLY DIFFERENT STAND HAS BEEN TAKEN IN THE CASES OF OTHER ASSESSEES BY BENCHES OF THIS TRIBUNAL DOES NO T JUSTIFY UNSETTLING SETTLED POSITION OF LAW IN THIS CASE. IN THIS VIEW OF THE MATTER AND RESPECTFULLY FOLLOWING DECISION OF THE TRIBUNAL IN ASSESSEES OW N CASE WE UPHOLD THE PLEA OF THE ASSESSEE AND DIRECT THE ASSESSING OFFICER TO DE LETE THE IMPUGNED PENALTY OF RS.33 000/-. THE ASSESSEE GETS THE RELIEF ACCORDIN GLY. ITA NO.3110/AHD/2011 ASSESSMENT YEAR: 2001-02 PAGE 3 OF 3 6. AS WE HAVE DECIDED THE ISSUE ON THE SHORT GROUND OF CONSISTENCY WE SEE NO REASONS TO ADDRESS OURSELVES TO MERITS OF THE CA SE INDEPENDENTLY. THAT ASPECT OF THE MATTER IN THE SITUATION BEFORE US S OMEWHAT ACADEMIC. 7. IN THE RESULT THE APPEAL IS ALLOWED. PRONOUNCE D IN THE OPEN COURT TODAY ON THE 30 TH DAY OF APRIL 2015. SD/- SD/- S. S. GODARA PRAMOD KUM AR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) AHMEDABAD THE 30 TH DAY OF APRIL 2015 COPIES TO: (1) THE APPELLANT (2) THE RESPOND ENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ETC ASSISTANT/DEPUTY REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES AHMEDABAD