Rajesh Pravinkant Joshi,, RAJKOT-GUJARAT v. The Income Tax Officer, Ward-4(2),, RAJKOT-GUJARAT

ITA 798/RJT/2010 | 2001-2002
Pronouncement Date: 13-01-2011 | Result: Allowed

Appeal Details

RSA Number 79824914 RSA 2010
Assessee PAN ABKPJ8344B
Bench Rajkot
Appeal Number ITA 798/RJT/2010
Duration Of Justice 9 month(s) 27 day(s)
Appellant Rajesh Pravinkant Joshi,, RAJKOT-GUJARAT
Respondent The Income Tax Officer, Ward-4(2),, RAJKOT-GUJARAT
Appeal Type Income Tax Appeal
Pronouncement Date 13-01-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted SMC
Tribunal Order Date 13-01-2011
Assessment Year 2001-2002
Appeal Filed On 17-03-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH SMC RAJKOT BEFORE SHRI A.L. GEHLOT (AM) I.T.A. NO. 798/RJT/2010 (ASSESSMENT YEAR 2001-02) RAJESH PRAVINKANT JOSHI VS THE ITO WD.4(2) DINESH NIVAS RAJKOT JUNCTION PLOT HOUSING SOCIETY RAJKOT PAN : ABKPJ8344B (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI JAYESH ADHIA RESPONDENT BY: SHRI AVINASH KUMAR O R D E R A.L. GEHLOT : THIS APPEAL BY ASSESSEE IS DIRECTED A GAINST THE ORDER OF CIT(A)-III RAJKOT DATED 15-12-2009 FOR THE ASSESSMENT YEAR 200 1-02. THE GROUNDS RAISED IN THE APPEAL ARE IN RESPECT OF LEVY OF PENALTY U/S 271(1)(C) OF THE ACT AMOUNTING TO RS.38 656. 2. THE ASSESSING OFFICER MADE ADDITION OF RS.1 30 0 00 ON ACCOUNT OF UNEXPLAINED CASH INVESTMENT WHILE MAKING ASSESSMENT AND INITIATED PENALTY PROCEEDINGS U/S 271(1) OF THE ACT. THE APPEAL FIL ED BEFORE THE ASSESSEE BEFORE CIT(A) HAS BEEN DISMISSED. THE ASSESSING OFFICER L EVIED PENALTY BEING 100% OF TAX SOUGHT TO BE EVADED AT RS.38 656. THE PENALTY LEVIED BY THE ASSESSING OFFICER HAS BEEN CONFIRMED BY THE CIT(A). AT THE O UTSET THE LD.AR SUBMITTED THAT THE QUANTUM MATTER TRAVELED UPTO THE ITAT AND THE I TAT. VIDE ITA NO.90/RJT/2009 ORDER DATED 25-10-2010 HAS SENT THE MATTER BACK TO THE FILE OF THE ASSESSING OFFICER FOR FRESH CONSIDERATION. ITA NO.798//RJT/2010 2 3. AFTER HEARING THE LEARNED REPRESENTATIVE OF THE PARTIES I FIND THAT THE QUANTUM ON WHICH THE PENALTY U/S 271(1)(C) OF THE A CT HAS BEEN IMPOSED IS NOT IN EXISTENCE. UNDER THE CIRCUMSTANCES SUCH PENALTY U /S 271(1)(C) CANNOT BE SUSTAINED. I THEREFORE CANCEL THE PENALTY OF RS. 38 656 IMPOSED U/S 271(1)(C) OF THE ACT. 4. IN THE RESULT APPEAL FILED BY THE ASSESSEE IS A LLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 13-01-2011. SD/- (A.L. GEHLOT) ACCOUNTANT MEMBER RAJKOT DT : 13 TH JANUARY 2011 PK/- COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A)-III RAJKOT 4. THE CIT--II RAJKOT 5. THE DR (TRUE COPY) BY ORDER ASSTT.REGISTRAR ITAT RAJKOT