The ITO, Ward-2(2),, Surat v. M/s. R.P. Impex, Surat

ITA 831/AHD/2013 | 2006-2007
Pronouncement Date: 11-10-2013 | Result: Allowed

Appeal Details

RSA Number 83120514 RSA 2013
Assessee PAN AAHFR1773Q
Bench Ahmedabad
Appeal Number ITA 831/AHD/2013
Duration Of Justice 6 month(s) 20 day(s)
Appellant The ITO, Ward-2(2),, Surat
Respondent M/s. R.P. Impex, Surat
Appeal Type Income Tax Appeal
Pronouncement Date 11-10-2013
Appeal Filed By Department
Order Result Allowed
Bench Allotted A
Tribunal Order Date 11-10-2013
Date Of Final Hearing 24-09-2013
Next Hearing Date 24-09-2013
Assessment Year 2006-2007
Appeal Filed On 22-03-2013
Judgment Text
ITA NO 831/AHD/2013 . A.Y. 2006- 07 1 IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH AHMEDABAD (BEFORE SHRI G.C.GUPTA VICE PRESIDENT & SHRI ANIL C HATURVEDI A.M.) I.T. A. NO. 831/AHD/2013 (ASSESSMENT YEAR: 2006-07) THE I.T.O WARD-2(2) SURAT (APPELLANT) VS. M/S. R.P. IMPEX 604 TRIVIDH CHAMBERS FIRE BRIGADE RING ROAD SURAT -395002 (RESPONDENT) PAN: AAHFR1773Q APPELLANT BY : SHRI O.P. BATHEJA SR. D.R . RESPONDENT BY : NONE ( )/ ORDER DATE OF HEARING : 24-09-2013 DATE OF PRONOUNCEMENT : 11-10-2013 PER SHRI ANIL CHATURVEDI A.M. 1. THIS APPEAL IS DIRECTED AGAINST THE ORDER OF CIT(A) DATED 18.01.2013 WHEREIN THE PENALTY OF RS. 5 03 338/- LEVIED U/S. 2 71(1)(C) BY ASSESSING OFFICER VIDE ORDER DATED 28.03.2011 WAS DELETED BY CIT(A). 2. IN THIS CASE ON THE DATE OF HEARING NONE APPEARED O N BEHALF OF THE ASSESSEE NOR ANY ADJOURNMENT APPLICATION WAS FILED BY ASSESSEE. WE THEREFORE PROCEED TO PASS ORDER EX-PARTE QUA THE AS SESSEE. ITA NO 831/AHD/2013 . A.Y. 2006- 07 2 3. ASSESSEE IS A FIRM ENGAGED IN THE BUSINESS OF IMPOR T EXPORT AND TRADING OF YARN FABRICS ETC. IT FILED ITS RETURN OF INCOME FOR A.Y. 2006-07 ON 13.10.2006 DECLARING TOTAL INCOME OF RS. 2 37 990/- . THE CASE WAS SELECTED FOR SCRUTINY AND THEREAFTER SINCE THERE WA S NO COMPLIANCE TO THE NOTICE ISSUE UNDER 143(2) AND 142(1) AN EX-PARTE O RDER UNDER SECTION 144 OF THE ACT WAS PASSED ON 24.12.2008 AND THE TOTAL I NCOME WAS DETERMINED AT RS. 17 33 350/- BY DISALLOWING SPECUL ATION LOSS OF RS. 14 95 359/-. AGGRIEVED BY THE ORDER OF ASSESSING OF FICE IN QUANTUM PROCEEDINGS ASSESSEE CARRIED THE MATTER IN APPEAL. THE CO-ORDINATE BENCH OF TRIBUNAL IN ITA NO. 749/AHD/2010 ORDER DAT ED 20.09.2013 RESTORED THE MATTER TO THE FILE OF A.O. FOR VERIFIC ATION OF APPLICABILITY OF SECTION 43(5A) OF THE ACT AND THUS THE APPEAL OF AS SESSEE WAS ALLOWED FOR STATISTICAL PURPOSES. IN THE MEANWHILE ON DIS ALLOWANCE MADE IN ASSESSMENT ASSESSING OFFICER LEVIED PENALTY OF RS. 5 03 338/- UNDER SECTION 271(1)(C) OF THE ACT VIDE ORDER DATED 28.03 .2011. AGGRIEVED BY THE PENALTY ORDER OF A.O. ASSESSEE CARRIED THE MAT TER BEFORE CIT(A). CIT(A) VIDE ORDER DATED 18.01.2013 DELETED THE PENA LTY. AGGRIEVED BY THE ORDER OF CIT(A) REVENUE IS NOW IN APPEAL BEFOR E US. 4. BEFORE US THE LD. D.R. RELIED ON THE ORDER OF ASSE SSING OFFICER. 5. WE HAVE HEARD THE LEARNED D.R. AND PERUSED THE MATE RIAL ON RECORD. WE FIND THAT THE CO-ORDINATE BENCH OF TRIBUNAL IN ITA NO. 749/AHD/2010 ORDER DATED 20.09.2013 HAS SET ASIDE THE ADDITIONS MADE BY THE ASSESSING OFFICER TO THE FILE OF A.O. FOR DECIDING ISSUE AFRE SH. WE FURTHER FIND THAT THE A.O. HAS NOT PASSED ANY FRESH ASSESSMENT ORDER PURSUANT TO THE ORDER OF ITAT. IN THESE FACTS THE PENALTY DOES NOT SURVI VE AND IS ACCORDINGLY ITA NO 831/AHD/2013 . A.Y. 2006- 07 3 CANCELLED. HOWEVER THE A.O. SHALL BE AT LIBERTY TO REINITIATE THE PENALTY PROCEEDINGS IF SO WARRANTED AS PER LAW. 6. IN THE RESULT THE APPEAL OF REVENUE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN OPEN COURT ON 11- 10 - 2013. SD/- SD/- (G.C.GUPTA) (ANIL CHATURVEDI) VICE PRESIDENT ACCOUNTANT MEMBER AHMEDABAD. TRUE COPY RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR. ITAT AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT A HMEDABAD