DCIT, CHENNAI v. Dr.V.Balaji, CHENNAI

ITA 674/CHNY/2011 | 2004-2005
Pronouncement Date: 07-07-2011 | Result: Dismissed

Appeal Details

RSA Number 67421714 RSA 2011
Assessee PAN ADIPB0970H
Bench Chennai
Appeal Number ITA 674/CHNY/2011
Duration Of Justice 2 month(s) 25 day(s)
Appellant DCIT, CHENNAI
Respondent Dr.V.Balaji, CHENNAI
Appeal Type Income Tax Appeal
Pronouncement Date 07-07-2011
Appeal Filed By Department
Order Result Dismissed
Bench Allotted D
Tribunal Order Date 07-07-2011
Assessment Year 2004-2005
Appeal Filed On 12-04-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH CHENNAI BEFORE SHRI ABRAHAM P. GEORGE ACCOUNTANT MEMBER AN D SHRI GEORGE MATHAN JUDICIAL MEMBER .. I.T.A. NOS. 673 674 & 675/MDS/2011 ASSESSMENT YEARS :2003-04 2004-05 & 2005-06 THE DEPUTY COMMISSIONER OF INCOME-TAX BUSINESS CIRCLE-III CHENNAI. V. DR. V. BALAJI NO.11 10 TH CROSS STREET SHASTRI NAGAR ADYAR CHENNAI-600 020. (PAN : ADIPB0970H) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI K.E.B. RENGARAJAN JR. STANDING COUNSEL RESPONDENT BY : SHRI SAROJ KUMAR PARIDA O R D E R PER GEORGE MATHAN JUDICIAL MEMBER : ITA NOS. 673 674 & 675/MDS/2011 ARE APPEALS FILED BY THE REVENUE AGAINST THE ORDER OF THE LEARNED CIT(APPEALS)-VIII CHENNAI IN ITA NOS. 38 36 & 41/10- 11 DATED 4-1-2011 FOR THE ASSESSMENT YEARS 2003-04 2004-05 AND 2005-06 DELETING THE LEVY OF PENALTY UNDER SECTION 271(1)(C ) OF THE INCOME TAX ACT 1961. I.T.A. NO.673-675/MDS/2011 2 2. SHRI K.E.B. RENGARAJAN JR. STANDING COUNSEL REPR ESENTED ON BEHALF OF THE REVENUE AND SHRI SAROJ KUMAR PARIDA ADVOCATE REPRE SENTED ON BEHALF OF THE ASSESSEE. 3. AT THE TIME OF HEARING IT WAS FAIRLY AGREED BY B OTH THE SIDES THAT THE ISSUE IN THESE APPEALS WAS AGAINST THE ACTION OF THE LEARNED CIT(A) IN DELETING THE LEVY OF PENALTY IMPOSED UUNDER SECTION 271(1)(C). IT WAS F AIRLY AGREED BY BOTH THE SIDES THAT THE ISSUE WAS SQUARELY COVERED BY THE DECISION OF THE CO-ORDINATE BENCH OF THIS TRIBUNAL IN THE CASE OF DR. R. GOPALAKRISHNAN IN ITA NO. 203/MDS/09 DATED 4- 12-2009 AS ALSO THE DECISION OF THE HON'BLE JURISDI CTIONAL HIGH COURT IN THE CASE OF CIT V. DR. R. GOPALAKRISHNAN IN TAX CASE (APPEALS) NO. 520 OF 2010 DATED 05-07- 2010 WHEREIN THE HON'BLE HIGH COURT HAS HELD AS FOL LOWS: 6. A READING OF SECTION 139(1) WOULD CLEARLY SHOW THAT IF A PERSON HAVING FILED THE RETURN ALREADY DISCOVERS A NY OMISSION OR ANY WRONG STATEMENT HE MAY FURNISH A REVISED RETUR N AT ANY TIME BEFORE EXPIRY OF ONE YEAR BEFORE THE END OF THE REL EVANT ASSESSMENT YEAR. ADMITTEDLY THE ASSESSEE HAS FILE D THE REVISED RETURN WITHIN THE TIME SPECIFIED IN THE SECTION. T HE APPELLATE AUTHORITY HAS RELIED UPON THE DECISION OF THE HON'B LE SUPREME COURT REPORTED IN THE CASE OF UNION OF INDIA & OTHER S V. DHARMENDRA TEXTILES PROCESSORS & OTHERS (306 ITR 277). THE SAID JUDGMENT RELIED UPON BY THE FIRST AP PELLATE AUTHORITY WAS CLARIFIED IN THE SUBSEQUENT JUDGMENT BY THE HON'BLE SUPREME COURT IN THE DECISION REPORTED IN THE SUBSE QUENT JUDGMENT BY THE HON'BLE SUPREME COURT IN THE DECISI ON REPORTED IN THE CASE OF UNION OF INDIA V. RAJASTHAN SPINNING & WEAVING MILLS (23 DTR 158) WHEREIN IT HAS BEEN HELD THAT THERE HAS TO BE A SPECIFIC FINDING THAT THE NON-DIS CLOSURE OF INCOME IS WILLFUL AND DELIBERATE. THE SAID JUDGMEN T OF THE I.T.A. NO.673-675/MDS/2011 3 HON'BLE APEX COURT WAS ALSO FOLLOWED IN COMMISSIONER OF CENTRAL EXCISE PUNE V. S.K.F. INDIA LTD. (239 E.L.T. 38 5). 7. CONSIDERING THE AFORESAID JUDGMENT AND ALSO FA CTS INVOLVED IN THE PRESENT CASE ON HAND THERE IS NO MATERIAL TO H OLD THAT THE SUPPRESSION ON THE PART OF THE ASSESSEE IS WILLFUL AND DELIBERATE. WE ARE OF THE OPINION THAT THE ORDER PASSED BY THE TRIBUNAL DOES NOT WARRANT ANY INTERFERENCE. ACCORDINGLY THE QUE STION OF LAW IS ANSWERED AGAINST THE REVENUE. THE APPEAL IS DISMIS SED. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. AS IT IS NOTICED THAT THE LEARNED CIT(A) HAS DELETED THE PENALTY BY FOLLOWING THE DEC ISION OF THE CO-ORDINATE BENCH OF THIS TRIBUNAL IN THE CASE OF DR. MADAN MOHAN RED DY VS. DY. CIT DATED 2-7- 2010 WHICH HAS CONSIDERED THE DECISION IN THE CASE OF DR. R. GOPALAKRISHNAN PASSED BY THE CO-ORDINATE BENCH OF THIS TRIBUNAL AN D AS THE DECISION IN THE CASE OF DR. R. GOPALAKRISHNAN HAS ALSO BEEN APPROVED BY THE HON'BLE JURISDICTIONAL HIGH COURT WE ARE OF THE VIEW THAT THE FINDING OF THE LEARNED CIT(A) ON THIS ISSUE IS ON A RIGHT FOOTING AND DOES NOT CALL FOR A NY INTERFERENCE. IN THE CIRCUMSTANCES THE APPEALS OF THE REVENUE ARE DISMI SSED. 5. THE ORDER WAS PRONOUNCED IN THE COURT ON 07/07/2 011. SD/- SD/- (ABRAHAM P. GEORGE) (GEORGE MATHAN) ACCOUNTANT MEMBER JUDICIAL MEMBER CHENNAI DATED THE 07 TH JULY 2011. H. COPY TO: ASSESSEE/AO/CIT (A)/CIT/D.R./GUARD FILE