The ITO, Ward-1,, Navsari v. M/s. Dhirubhai Kanjibhai Patel, HUF, Navsari

ITA 941/AHD/2014 | 2006-2007
Pronouncement Date: 30-09-2016 | Result: Dismissed

Appeal Details

RSA Number 94120514 RSA 2014
Assessee PAN AAEHD5625A
Bench Ahmedabad
Appeal Number ITA 941/AHD/2014
Duration Of Justice 2 year(s) 5 month(s) 27 day(s)
Appellant The ITO, Ward-1,, Navsari
Respondent M/s. Dhirubhai Kanjibhai Patel, HUF, Navsari
Appeal Type Income Tax Appeal
Pronouncement Date 30-09-2016
Appeal Filed By Department
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 30-09-2016
Date Of Final Hearing 30-09-2016
Next Hearing Date 30-09-2016
Assessment Year 2006-2007
Appeal Filed On 03-04-2014
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH (BEFORE SHRI N.K. BILLAIYA ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD JUDICIAL MEMBER) ITA. NO: 941/AHD/2014 (ASSESSMENT YEAR: 2006-07) INCOME-TAX OFFICER WARD- 1 NAVSARI V/S M/S. DHIRUBHAI KANJIBHAI PATEL (HUF) BAL MANDIR FALIA KACHHIAWADI NAVSARI (APPELLANT) (RESPONDENT) PAN: AAEHD5625A APPELLANT BY : SHRI PRASOON KABRA SR. D. R. RESPONDENT BY : SHRI RASESH SHAH ( )/ ORDER DATE OF HEARING : 30 -09-20 16 DATE OF PRONOUNCEMENT : 30 -09-2016 PER N.K. BILLAIYA ACCOUNTANT MEMBER: 1. THIS APPEAL BY THE REVENUE IS PREFERRED AGAINST THE ORDER OF LD. CIT(A) VALSAD DATED 03.01.2014 PERTAINING TO A.Y. 2006-07. ITA NO. 941/ AHD/2014 . A.Y. 2006-0 7 2 2. THE SOLE GRIEVANCE OF THE REVENUE IS THAT THE LD. C IT(A) ERRED IN DELETING THE PENALTY OF RS. 10 98 130/- LEVIED U/S 271(1)(C) OF THE ACT. 3. THE ROOTS FOR THE LEVY OF PENALTY LIE IN THE ASSESS MENT ORDER DATED 30.12.2008 MADE U/S. 143(3) OF THE ACT BY THE ITO WARD-1 NAVSARI. 4. WHILE COMPLETING THE ASSESSMENT THE A.O. TREATED T HE GAINS OF RS. 73 75 402/- ON SALE OF PLOTS AS BUSINESS INCOME OF THE ASSESSEE AND TAXED ACCORDINGLY. 5. THE QUANTUM ADDITION TRAVELLED UP TO THE TRIBUNAL A ND THE TRIBUNAL VIDE ORDER DATED 30.08.2013 IN ITA NO. 1745/AHD/2010 HAS ALLOWED THE APPEAL IN FAVOUR OF THE ASSESSEE BY ACCEPTING THE GAINS FR OM SALE OF PLOTS UNDER THE HEAD CAPITAL GAINS. 6. THE A.O. LEVIED PENALTY U/S. 271(1)(C) OF THE ACT O N THE STRENGTH OF THE AFOREMENTIONED ASSESSMENT ORDER. THE FIRST APPELLAT E AUTHORITY DELETED THE PENALTY SO LEVIED ON THE STRENGTH OF THE FINDIN GS OF THE TRIBUNAL (SUPRA). 7. IN THE STATEMENT OF FACTS FILED BY THE REVENUE THE REVENUE HAS TAKEN A STAND THAT THOUGH THE QUANTUM APPEAL HAS BEEN DECID ED IN FAVOUR OF THE ASSESSEE. THE REVENUE HAS PREFERRED AN APPEAL U/S. 260A BEFORE THE HONBLE GUJARAT HIGH COURT AGAINST THE QUANTUM APPE AL. IN OUR UNDERSTANDING THIS CANNOT BE ANY GROUND FOR FILING THE APPEAL BEFORE THE TRIBUNAL SINCE; THE QUANTUM ADDITIONS HAVE BEEN DE LETED. ITA NO. 941/ AHD/2014 . A.Y. 2006-0 7 3 8. WE DECLINE TO INTERFERE WITH THE FINDINGS OF THE LD . CIT(A). APPEAL FILED BY THE REVENUE IS ACCORDINGLY DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 30 - 09- 201 6. SD/- SD/- (MAHAVIR PRASAD) (N. K. BILLAIYA) JUDICIAL MEMBER 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 AHME DABAD