Ito, JHALAWAR v. KRISHI UPAJ MANDI SAMITI,

ITA 828/JPR/2014 | 2007-2008
Pronouncement Date: 28-10-2016 | Result: Dismissed

Appeal Details

RSA Number 82823114 RSA 2014
Assessee PAN AAAAK5273C
Bench Jaipur
Appeal Number ITA 828/JPR/2014
Duration Of Justice 1 year(s) 10 month(s) 20 day(s)
Appellant Ito, JHALAWAR
Respondent KRISHI UPAJ MANDI SAMITI,
Appeal Type Income Tax Appeal
Pronouncement Date 28-10-2016
Appeal Filed By Department
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 28-10-2016
Assessment Year 2007-2008
Appeal Filed On 08-12-2014
Judgment Text
VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL JAIPUR BENCHES JAIPUR JH HKKXPUN] YS[KK LNL; OA JH YFYR DQEKJ] U;KF;D LN L; DS LE{K BEFORE:SHRI BHAGCHAND AM & SHRI LALIET KUMAR J M VK;DJ VIHY LA-@ ITA NO. 828/JP/2014 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2007-08 THE ITO WARD- JHALAWAR JHALAWAR CUKE VS. M/S. KRISHI UPAJ MANDI SAMITI KHANPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO .: AAAAK 5273 C VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS@ REVENUE BY :SHRI R.A. VERMA ADDL. CIT- DR FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY: NONE LQUOKBZ DH RKJH[K@ DATE OF HEARING : 25/10/2016 ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 28 /10/2016 VKNS'K@ ORDER PER BHAGCHAND AM THE REVENUE HAS FILED AN APPEAL AGAINST THE ORDER O F THE LD. CIT(A) KOTA DATED 25-09-2014 FOR THE ASSESSMENT YE AR 2007-08. WHEREIN THE REVENUE IS AGGRIEVED THAT THE LD. CIT(A) HAS E RRED IN DELETING THE PENALTY OF RS. 17 94 423/- IMPOSED BY THE AO U/S 27 1(1)(C) OF THE I.T. ACT 1961. ITA NO. 828/JP/2014 THE ITO WARD- JHALAWAR VS. M/S. KRISHI UPAJ MANDI SAMITI KHANPU R 2 2.1 NONE APPEARED ON BEHALF OF THE ASSESSEE IN SPIT E OF SENDING OF NOTICE OF THIS HEARING. CONSEQUENTLY WE ARE LEFT W ITH NO ALTERNATIVE BUT TO DECIDE THE APPEAL ON MERITS EX PARTE QUA THE ASSES SEE AFTER HEARING LD. DR AND AFTER PERUSAL OF THE MATERIALS AVAILABLE ON RECORD. 3.1 BRIEF FACTS OF THE CASE ARE THAT THE ASSESSEE F ILED THE RETURN OF INCOME DECLARING INCOME OF RS. NIL ON 30-10-2016. T HE ASSESSMENT U/S 143(3) OF THE ACT WAS MADE ON THE TOTAL INCOME OF R S. 74 44 590/-. THEREAFTER PENALTY U/S 271(1) / 274(2) OF THE ACT WAS LEVIED BY THE AO JHALWAR AS UNDER:- 1. TOTAL INCOME OF RS. 54 97 720/- (AFTER APPEAL EFFECT) ON TAX RS.24 49 749/- 2. MAXIMUM PENALTY RS. 53 83 299/- 3. MINIMUM PENALTY RS. 17 94 433/- 4. PENALTY IMPOSED RS. 17 94 433/- 3.2 IN APPELLATE PROCEEDINGS THE LD. CIT(A) DELETED TH E PENALTY BY OBSERVING AS UNDER:- I HAVE GONE THROUGH ASSESSEE'S SUBMISSION AND AO S FINDINGS. IN THIS CASE THE AO LEVIED PENALTY U/S 271(1) ON THE GROUND THAT PART OF THE ADDITION AMOUNTING TO RS. 5 4 97 723/- WAS SUSTAINED BY THE CIT (A). FOR LEVY OF PENALTY U /S 271(1)(C) IT IS NOT SUFFICIENT THAT THE ADDITION W AS CONFIRMED BY THE CIT(A). THE AO IS REQUIRED TO SHOW THAT ASS ESSEE HAS ITA NO. 828/JP/2014 THE ITO WARD- JHALAWAR VS. M/S. KRISHI UPAJ MANDI SAMITI KHANPU R 3 CONCEALED THE INCOME OR HAS FURNISHED INACCURATE PA RTICULARS OF INCOME. THE AO FAILED TO DO SO. IN THIS CASE THE ADDITION WAS SUSTAINED ON THE GRO UND THAT THE ASSESSEE FAILED TO COMPLY WITH THE PROVISI ONS OF SECTION 11(2) OF THE I.T. ACT. THIS WAS MERELY A TE CHNICAL ERROR AND IT CANNOT BE HELD THAT ASSESSEE HAD CONCE ALED OR HAD FURNISHED INACCURATE PARTICULARS OF INCOME. IN VIEW OF THE ABOVE IT IS HELD THAT THIS IS NOT A FIT CASE FOR LEVY OF PENALTY U/S 271(1). THE AO IS DIRECTED TO DELETE THE PENALTY OF RS. 17 94 433/-. 3.3 WE HAVE HEARD THE LD. DR AND PERUSED THE MATERIALS AVAILABLE ON RECORD. IT IS OBSERVED FROM THE RECORD THAT THE ASSESSEE FILED THE RETURN OF INCOME DECLARING INCOME OF RS. NIL ON 30 -10-2006. THE ASSESSMENT U/S 143(3) OF THE ACT WAS MADE ON TH E TOTAL INCOME OF RS. 74 44 590/-. THEREAFTER PENALTY OF RS. 17 94 433/- U/S 271(1)/274(2) OF THE ACT WAS LEVIED ON 12-03-2013 BY THE AO ON T HE GROUND THAT PART OF THE ADDITION AMOUNTING TO RS. 54 97 723/- W AS SUSTAINED BY THE LD. CIT(A). IT IS ALSO NOTICED FROM THE LD. CIT(A)S ORDER THAT FOR LEVY OF PENALTY U/S 271(1)(C) IT IS NOT SUFFICIENT THAT ADDITION WAS CONFIRMED BY THE LD. CIT(A) FOR WHICH THE AO WAS REQUIRED TO SHO W THAT ASSESSEE HAD CONCEALED THE INCOME OR FURNISHED INACCURATE PARTIC ULARS OF INCOME AND THE AO HAD FAILED TO DO SO. IT IS FURTHER OBSERVED THAT IN THIS CASE THE ITA NO. 828/JP/2014 THE ITO WARD- JHALAWAR VS. M/S. KRISHI UPAJ MANDI SAMITI KHANPU R 4 ADDITION WAS CONFIRMED ON THE GROUND THAT ASSESSEE FAILED TO COMPLY WITH THE PROVISIONS OF SECTION 11(2) OF THE ACT WHICH IS MERELY A TECHNICAL ERROR. THUS IT CANNOT BE HELD THAT ASSESSEE HAD CON CEALED THE INCOME OR HAD FURNISHED INACCURATE PARTICULARS OF INCOME. TAK ING INTO CONSIDERATION ALL THE ASPECTS OF THE CASE AND THE ORDER OF THE LD . CIT(A) I FIND NO REASON TO INTERFERE WITH THE ORDER OF THE LD. CIT(A) WHICH IS SUSTAINED. THUS THE SOLITARY GROUND OF THE REVENUE IS DISMISSED. 4.0 IN THE RESULT THE APPEAL OF THE REVENUE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28 /1 0/2016 SD/- SD/- YFYR DQEKJ HKKXPUN (LALIET KUMAR) (BHAGCHAND ) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 28/10/ 2016 *MISHRA VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- THE ITO WARD- JHALAWAR JHALAWAR 2. IZR;FKHZ@ THE RESPONDENT- M/S. KRISHI UPAJ MANDI SAMITI KHAN PUR 3. VK;DJ VK;QDRVIHY@ CIT(A). 4. VK;DJ VK;QDR@ CIT 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR ITAT JAIPUR 6. XKMZ QKBZY@ GUARD FILE (ITA NO. 828/JP/2014) VKNS'KKUQLKJ@ BY ORDER LGK;D IATHDKJ@ ASSISTANT. REGISTRAR