Dy. Commissioner of Income Tax-II, Kanpur v. Shri Surendra Kumar Grover, Kanpur

ITA 775/LKW/2013 | 2001-2002
Pronouncement Date: 24-04-2014 | Result: Dismissed

Appeal Details

RSA Number 77523714 RSA 2013
Bench Lucknow
Appeal Number ITA 775/LKW/2013
Duration Of Justice 4 month(s) 13 day(s)
Appellant Dy. Commissioner of Income Tax-II, Kanpur
Respondent Shri Surendra Kumar Grover, Kanpur
Appeal Type Income Tax Appeal
Pronouncement Date 24-04-2014
Appeal Filed By Department
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 24-04-2014
Date Of Final Hearing 04-03-2014
Next Hearing Date 04-03-2014
Assessment Year 2001-2002
Appeal Filed On 11-12-2013
Judgment Text
1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV JUDICIAL MEMBER AND SHRI A.K. GARODIA ACCOUNTANT MEMBER ITA NO.775/LKW/2013 ASSESSMENT YEAR:2001 - 02 DY.C.I.T. - II KANPUR. VS. SHRI SURENDRA KUMAR GROVER 124 - A/583 GOVIND NAGAR KANPUR. (APPELLANT) (RESPONDENT) APPELLANT BY SHRI Y. P. SRIVASTAVA D. R. RESPONDENT BY SHRI RAKESH GARG ADVOCATE DATE OF HEARING 04/03/2014 DATE OF PRONOUNCEMENT 2 4 /04/2014 O R D E R PER A. K. GARODIA A.M. THIS IS REVENUES APPEAL DIRECTED AGAINST THE ORDER PASSED BY LEARNED CIT(A) - II KANPUR DATED 13/09/2013 FOR ASSESSMENT YEAR 2001 - 02. 2. THE REVENUE HAS RAISED THE FOLLOWING GROUNDS: 1. THAT THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - II KANPUR HAS ERRED IN LAW AND ON FACTS IN DELETING THE PENALTY AMOUNTING TO RS. 3 51 000/ - U/S 271(1)(C) OF INCOME TAX ACT 1961 MADE BY THE ASSESSING OFFICER IGNORING THE FACT THAT THE ASSESSEE HAS FILED REVISED RETURN OF INCOME IN PERSUASION OF ENQUIRIES M ADE BY DIT(INV.) KANPUR. 2. THAT THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - II KANPUR HAS ERRED IN LAW AND ON FACTS IN HOLDING THAT THE ASSESSEE HAD FILED REVISED RETURN OF INCOME VOLUNTARILY WELL BEFORE THE DETECTION BY THE DEPARTMENT IGNORING THE FA CT THAT ENQUIRIES IN THE GIFT SCAM WERE ALREADY GOING ON IN THE INVESTIGATION WING OF THE DEPARTMENT AND THE 2 RETURN WAS REVISED BY THE ASSESSEE ONLY AFTER HE REALIZED THE FACT THAT EVASION OF TAX BY HIM HAS COME TO THE KNOWLEDGE OF THE DEPARTMENT. 3. THAT THE LD. COMMISSIONER OF INCOME TAX (APPEALS) - II KANPUR HAS ERRED IN LAW AND ON FACTS IN APPRECIATING THE FACT THAT THE ASSESSEE HAS NOT BEEN ABLE TO SUBSTANTIATE THAT THE OMISSION OR WRONG STATEMENT IN THE ORIGINAL RETURN WAS DUE TO BONAFIDE INADVERTEREN CE ON MISTAKE ON HIS PART THUS THE REVISED RETURN FILED BY THE ASSESSEE DO NOT FALL UNDER THE AMBIT OF SECTION 139(5) OF THE INCOME TAX ACT 1961. 4. THAT THE LD COMMISSIONER OF INCOME TAX (APPEALS) - II KANPUR HAS ERRED IN LAW AND ON FACTS IN NOT APPRE CIATING THE FACT THAT THE ASSESSEE WAS WELL AWARE ABOUT THE SOURCE AND NATURE OF HIS RECEIPTS FROM THE VERY BEGINNING SINCE HE WAS INVOLVED IN THE RACKET OF 'GIFT SCAM' AND WAS ONE OF THE BENEFICIARY OF THIS SCAM. HENCE REVISION OF RETURN BY HIM IS NOT D UE TO BONAFIDE OMISSION OR MISTAKE ON HIS PART. 5. THAT THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - II KANPUR DATED 13.09.2013 NEEDS TO BE QUASHED AND THE ORDER PASSED BY THE ASSESSING OFFICER DATED 07.02.2005 BE RESTORED. 6. THAT THE APPELLANT CRAVES LEAVE TO MODIFY ANY OF THE GROUNDS OF APPEAL MENTIONED ABOVE AND/OR TO ADD ANY FRESH GROUNDS AS AND WHEN IT IS REQUIRED TO DO SO. 3. LEARNED D.R. OF THE REVENUE SUPPORTED THE PENALTY ORDER WHEREAS LEARNED A.R. OF THE ASSESSEE SUPPORTED THE ORDER OF CIT(A). 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS PERUSED THE MATERIAL AVAILABLE ON RECORD AND GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. WE FIND THAT ADMITTEDLY THE REVISED R ETURN WAS FILED WITHIN THE TIME ALLOWED U/S 139(5) OF THE ACT AND HENCE ANY EXTRA INCOME DECLARED BY THE ASSESSEE IN SUCH REVISED RETURN CANNOT BE CONSIDERED AS A CONCEALED INCOME ON WHICH 3 PENALTY CAN BE IMPOSED U/S 271(1)(C) OF THE ACT. CONSIDERING THES E FACTS WE DO NOT FIND ANY REASON TO INTERFERE IN THE ORDER OF CIT(A). 5. IN THE RESULT THE APPEAL OF THE REVENUE STANDS DISMISSED. (ORDER WAS PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE) SD/. SD/. (SUNIL KUMAR YADAV) ( A. K. GARODIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 2 4 /04/2014. *C.L.SINGH COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. CONCERNED CIT 4. THE CIT(A) 5. D.R. I.T.A.T. LUCKNOW ASSTT. REGISTRAR