SMT. BASANTI DEVI AGARWAL, Jaipur v. ITO, Jaipur

ITA 696/JPR/2011 | 2003-2004
Pronouncement Date: 18-11-2011 | Result: Allowed

Appeal Details

RSA Number 69623114 RSA 2011
Bench Jaipur
Appeal Number ITA 696/JPR/2011
Duration Of Justice 3 month(s) 27 day(s)
Appellant SMT. BASANTI DEVI AGARWAL, Jaipur
Respondent ITO, Jaipur
Appeal Type Income Tax Appeal
Pronouncement Date 18-11-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted SMC
Tribunal Order Date 18-11-2011
Date Of Final Hearing 08-11-2011
Next Hearing Date 08-11-2011
Assessment Year 2003-2004
Appeal Filed On 22-07-2011
Judgment Text
1 ITA 696-11 IN THE INCOME TAX APPELLATE TRIBUNAL JAIPUR BENCH SMC JAIPUR BEFORE SHRI R.K. GUPTA JUDICIAL MEMBER ITA NO. 696/JP/2011 ASSTT. YEAR : 2003-04. SMT. BASANTI DEVI AGARWAL VS. THE INCOME-TAX OFF ICER 34 RAGHU VIHAR MAHARANI FARM WARD 6(3) DURGAPURA JAIPUR. JAIPUR. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI RAJEEV SOGANI RESPONDENT BY : SHRI D.K. MEENA DATE OF HEARING : 08.11.2011. DATE OF PRONOUNCEMENT : 18.11.2011 ORDER DATE OF ORDER : 18/11/2011. THIS IS AN APPEAL BY ASSESSEE AGAINST THE ORDER OF LD. CIT (A) RELATING TO ASSESSMENT YEAR 2003-04. 2. THE ASSESSEE IS OBJECTING IN CONFIRMING THE LEVY OF PENALTY OF RS. 44 708/- LEVIED BY AO UNDER SECTION 271(1)(C) RELATING TO ASSESSMEN T YEAR 2003-04. 3. THE ASSESSEE FILED HER RETURN OF INCOME ON 29.09 .2003 DECLARING AN INCOME OF RS. 1 25 792/-. THEREAFTER THE RETURN WAS REVISED ON 19.7.2005 BY WHICH AN AMOUNT OF RS. 1 50 000/- RECEIVED AS GIFT FROM ONE SHRI DHARMENDR A KUMAR AGARWAL WAS OFFERED FOR TAXATION. THEREAFTER NOTICE UNDER SECTION 148 WAS ISSUED TO ASSESSEE ON 31.3.2008. THIS NOTICE PERHAPS WAS ISSUED TO REGULARIZE THE REVISED RETURN. THEREAFTER THE ASSESSMENT WAS 2 COMPLETED ON THE BASIS OF REVISED RETURN. PENALTY PROCEEDINGS UNDER SECTION 271(1)(C) WAS ALSO INITIATED. THE ASSESSEE WAS GIVEN A SHOWN CAUSE NOTICE THAT WHY PENALTY ON THE AMOUNT OF RS. 1 50 000/- BE NOT IMPOSED AS THE PERS ON FROM WHOM THE GIFT WAS RECEIVED RELATES TO SHRI B.C. PUROHIT GROUP. DETAILED REPLY WAS FILED BY WHICH IT WAS STATED THAT RETURN WAS REVISED VOLUNTARILY THEREFORE NO PENAL TY CAN BE LEVIED. HOWEVER THE AO WAS NOT SATISFIED WITH THE EXPLANATION AS IN HIS VIEW T HE AMOUNT OF RS. 1 50 000/- SHOWN UNDER THE GARB OF GIFT IS NOT GENUINE AS THE PERSON WHO GIFTED THE AMOUNT BELONGS TO B.C. PUROHIT GROUP WHO IS INDULGING IN PROVIDING BOGUS ENTRIES TO VARIOUS PERSONS. THE LD. CIT (A) ALSO CONFIRMED THE LEVY OF PENALTY. 4. AFTER CONSIDERING THE ORDERS OF AUTHORITIES BELO W AND WRITTEN SUBMISSIONS I FIND THAT ON THE FACTS OF THE PRESENT CASE NO PENALTY CA N BE LEVIED. IT IS A MATTER OF FACT THAT ASSESSEE FILED REVISED RETURN VOLUNTARILY AND THERE AFTER NOTICE UNDER SECTION 148 WAS ISSUED JUST TO REGULARIZE THE REVISED RETURN AND AS SESSMENT WAS COMPLETED ON THE BASIS OF REVISED RETURN. THEREFORE THIS IS NOT A CASE THAT ASSESSEE HAS CONCEALED ANY PARTICULARS OF INCOME. THE PERSON FROM WHOM GIFT WAS SHOWN WHETHE R RELATES TO B.C. PUROHIT GROUP OR NOT IS NOT RELEVANT HERE. ASSESSEE HIMSELF HAS OFF ERED THE AMOUNT OF RS. 1 50 000/- RECEIVED AS GIFT IN REVISED RETURN FILED VOLUNTARIL Y. THEREFORE THIS IS NOT A CASE OF LEVY OF PENALTY AT ALL. ACCORDINGLY I CANCEL THE LEVY OF PENALTY. 5. IN THE RESULT APPEAL OF THE ASSESSEE IS ALLOWED . 6. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 18. 11.2011. SD/- ( R.K. GUPTA ) JUDICIAL MEMBER JAIPUR 3 D/- COPY FORWARDED TO :- SMT. BASANTI DEVI AGARWAL JAIPUR. THE ITO WARD 6(3) JAIPUR. THE CIT (A) THE CIT THE D/R GUARD FILE (ITA NO. 696/JP/2011) BY ORDER AR ITAT JAIPUR.