PRAVIN VRAJLAL SHAH, THANE v. ITO WD 4(2), MUMBAI

ITA 686/MUM/2013 | 2005-2006
Pronouncement Date: 30-04-2015 | Result: Allowed

Appeal Details

RSA Number 68619914 RSA 2013
Assessee PAN AADPS8398A
Bench Mumbai
Appeal Number ITA 686/MUM/2013
Duration Of Justice 2 year(s) 3 month(s) 6 day(s)
Appellant PRAVIN VRAJLAL SHAH, THANE
Respondent ITO WD 4(2), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 30-04-2015
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted C
Tribunal Order Date 30-04-2015
Date Of Final Hearing 02-02-2015
Next Hearing Date 02-02-2015
Assessment Year 2005-2006
Appeal Filed On 24-01-2013
Judgment Text
1 INCOME TAX APPELLATE TRIBUNAL MUMBAI - C BENCH BEFORE S/SH. I P BANSAL JUDICIAL MEMBE R & RAJENDRA ACCOUNTANT MEMBER /. ITA NO. /686 /MUM/20 13 / ASSESSMENT YEAR - 2005 - 06 PRAVIN VRAJLAL SHAH KISHORKUNJ BUILDING NO.4 C WING BLOCK 1 NEAR VIVA COLLEGE VIRAR THANE PAN: AADPS8398A VS ITO HQ(CIB)PUNE ( / ASSESSEE ) ( / RESPONDENT ) /ASSESSEE BY : NONE / REVENUE BY :SHRI PREMANAND J. / DATE OF HEARING : 30 - 04 - 2015 / DATE OF PRONOUNCEMENT : 30 - 04 - 2015 1961 254 ( 1 ) ORDER U/S.254(1)OF THE INCOME - TAX ACT 1961(ACT) PER RAJENDRA AM - CHALLENGING THE ORDER DT. 31/10/2012 OF THE CIT(A) - II THANE T HE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL: 1.ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE THE LD. CIT(A) ERRED IN LEVYING PE NALTY U/S. 271(1)(C) AT RS.6 29 554/ - 2.THE LD. CIT(A) ERRED IN NOT APPRECIATING THAT HON'BLE TRIBUNAL HAS SET ASIDE THE QUANTUM APPEAL VIDE ITS ORDER DATED 18' FEBRUARY 2011. 3.THE APPELLANT CRAVES LEAVE TO ADD TO AMEND ALTER OR VARY THE GROUNDS OF APP EAR EITHER BEFORE OR AT THE TIME OF HEARING OF THE APPEAL . BRIEF FACTS : ASSESSEE IS AN INDIVIDUAL. AS PER THE INFORMATION RECEIVED FROM THE TRANSACTIONS REPORTED IN A NNUAL I NFORMATION R ETURN THE AS SESSEE HAD MADE DEPOSIT IN CASH IN A SAVING BANK ACCOUNT A GGREGATING TO RS.19.57 LACS DURING THE YEAR UNDER APPEAL. O N THE BASIS OF SAID INFORMATION THE ASSESSING OFFICER( AO )ISSUED A NOTICE U/S. 142(2) OF THE ACT TO THE ASSESSEE CALLING FOR RETURN OF INCOME .AS PER THE AO THE ASSESSEE DID NOT FILE HIS RETURN OF INC OME OR THE DETAILS CALLED FOR. HE COMPLETED THE ASSESSMENT U/S. 144 OF THE ACT ON 26/12/2007 TREATING THE CASH DEPOSIT IN BANK ACCOUNT AS UNEXPLAINED AMOUNTING TO RS.19.57 LACS . THE AO ALSO INITIATED PENALTY PROCEEDING U/S . 271(1)(C) OF THE ACT FOR CONCEA LING THE PARTICULARS OF THE INCOME. IN THE APPELLATE PROCEEDING FIRST A PPELLATE AUTHORITY( FAA ) DISMISSED THE APPEAL .IN THE MEANWHILE THE AO LEVIED PENALTY OF RS.6 .29 LACS VIDE HIS ORDER DT.30.3.2009 U/S. 271(1) (C) OF THE ACT FOR CONCEALING THE PARTICULARS OF INCOME .THE FAA CONFIRMED THE PENALTY ORDER AS THE ASSESSEE DID NOT APPEAR BEFOR E HIM. 2 2 . BEFORE US AUTHORISED REPRESENTATIVE (AR) STATED THAT THET RIBUNAL VIDE ITS ORDER DT.18. 0 2.2011 HAD SET ASIDE THE ORDER OF THE FAA THAT THE PENALTY CONFIRMED BY THE F AA SHOULD BE DELET ED. DEPARTMENTAL REPRESENTATIVE (DR) LEFT THE ISSUE TO THE DISCRETION OF THE BENCH. 4 . AFTER CO NSIDERING THE FACTS OF THE CASE WE ARE OF THE OPINION THAT PENALTY WOULD NOT SURVIVE AS THE QUANTUM ORDER HAS BEEN SET ASIDE BY THE T RIBUNAL.EFF ECTIVE GROUND OF APPEAL IS DECIDED IN FAVOUR OF THE ASSESSEE. AS A RESULT APPEAL FILED BY THE ASSESSEE STANDS ALLOWED . . ORDER PRO NOUNCED IN THE OPEN COURT ON 30 TH APRIL 2015. 30 2015 SD/ - SD/ - ( /I P BANSAL) ( / RAJENDRA) / JUDICIAL MEMBER / ACCOUNTANT MEMBER / MUMBAI /DATE:30 .04.2015 JV / COPY OF THE ORDER FORWARDED TO : 1. APPELLANT / 2. RESPONDENT / 3. THE CONCERNED CIT(A)/ 4. THE CONCERNED CIT / 5 . DR C BENCH ITAT MUMBAI / . . . 6. GUARD FILE/ //TRUE COPY// / BY ORDER / DY./ASST. REGISTRAR / ITAT MUMBAI.