M/s Standard Colonisers Pvt. Ltd.,, Patiala v. ACIT,, Patiala

ITA 835/CHANDI/2010 | 2006-2007
Pronouncement Date: 28-07-2010 | Result: Allowed

Appeal Details

RSA Number 83521514 RSA 2010
Assessee PAN AAHCS8816J
Bench Chandigarh
Appeal Number ITA 835/CHANDI/2010
Duration Of Justice 1 month(s) 25 day(s)
Appellant M/s Standard Colonisers Pvt. Ltd.,, Patiala
Respondent ACIT,, Patiala
Appeal Type Income Tax Appeal
Pronouncement Date 28-07-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted B
Tribunal Order Date 28-07-2010
Assessment Year 2006-2007
Appeal Filed On 03-06-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES B CHANDIGARH BEFORE SHRI G.S.PANNU ACCOUNTANT MEMBER AND MS SUSHMA CHOWLA JUDICIAL MEMBER ITA NOS. 828/CHD/2010 TO 839/CHD/2010 ASSESSMENT YEARS: 2004-05 TO 2007-08 M/S STANDARD COLONISERS PVT.LTD. VS. THE ACIT CENTRAL CIRCLE PATIALA PATIALA PAN NO. AAHCS8816J (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI ASHOK GOEL (WRITTEN SUBMISSIONS ) RESPONDENT BY: SMT. SUNI TA PURI CIT DR ORDER PER SUSHMA CHOWLA JM THESE TWELVE APPEALS BY THE ASSESSEE ARE AGAINST T HE ORDER OF CIT(A)-I LUDHIANA ALL DATED 31.3.2010 RELATING TO ASSESSMENT YEARS 2004- 05 TO 2007-08 AGAINST PENALTY LEVIED UNDER SECTION 271(1)(B) OF THE I.T. ACT. 2. ALL THESE APPEALS HAVING IDENTICAL GROUND OF APP EAL WERE HEARD TOGETHER AND ARE BEING DISPOSED OFF BY THIS CONSOLI DATED ORDER FOR THE SAKE OF CONVENIENCE. 3. THE ASSESSEE HAS RAISED THE FOLLOWING COMMON GRO UND OF APPEAL IN ALL THE APPEALS:- THE LEARNED CIT(A) HAS ERRED IN CONFIRMING THE PENALTY IMPOSED U/S 271(1)(B) OF THE I.T. ACT BY AC IT 2 CENTRAL CIRCLE PATIALA IGNORING THE REASONABLE CAU SE. HENCE RELIEF BE ALLOWED. 4. BOTH THE PARTIES AGREED THAT THE ISSUE RAISED IN THE CAPTIONED APPEALS REGARDING LEVY OF PENALTY U/S 271 (1)(B) OF THE ACT IS IDENTICAL TO THE ISSUE RAISED IN ITA NOS. 723 TO 725/CHD/2010 IN THE CASE OF SHRI BHUPINDER SINGH PATIALA VS. ACIT CC PATIALA RELA TING TO ASSESSMENT YEAR 2001-02. IN OUR ORDER OF EVEN DATE IN ITA NOS. 723 TO 725/CHD/2010(SUPRA) THE PENALTY LEVIED U/S 271 (1)(B) OF THE ACT HAS BEEN FOUND TO BE UNSUSTAINABLE. 5. FOR THE REASONS DETAILED IN THE SAID ORDER OF TH E EVEN DATE THE PENALTIES LEVIED U/S 271 (1)(B) OF THE ACT FOR THE CAPTIONED YEARS ARE LIABLE TO BE DELETED. WE HOLD SO. WE DIRECT THE REGISTRY T O ENCLOSE THE COPY OF THE IMPUGNED ORDER ALONGWITH TO FACILITATE THE ASSE SSEE. THE GROUND OF APPEAL RAISED BY THE ASSESSEE IN ALL THE APPEALS AR E ALLOWED. 6. IN THE RESULT THE 12 APPEALS FILED BY THE ASSES SEE ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 28 TH DAY OF JULY 2010. SD/- SD/- (G.S.PANNU) (SUSHMA CHOWLA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 28 TH JULY 2010 RKK COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR