The ITO, Ward-2,, Bhuj v. Shri Mukesh B. Zaveri,, Bhuj

ITSSA 67/RJT/2010 | 2006-2007
Pronouncement Date: 30-09-2011 | Result: Dismissed

Appeal Details

RSA Number 6724916 RSA 2010
Bench Rajkot
Appeal Number ITSSA 67/RJT/2010
Duration Of Justice 10 month(s) 7 day(s)
Appellant The ITO, Ward-2,, Bhuj
Respondent Shri Mukesh B. Zaveri,, Bhuj
Appeal Type Income Tax (Search & Seizure) Appeal
Pronouncement Date 30-09-2011
Appeal Filed By Department
Order Result Dismissed
Bench Allotted DB
Tribunal Order Date 30-09-2011
Date Of Final Hearing 28-09-2011
Next Hearing Date 28-09-2011
Assessment Year 2006-2007
Appeal Filed On 22-11-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL RAJKOT BENCH RAJKOT BEFORE SHRI D.K. TYAGI (JM) AND SHRI A.L. GEHLOT (A M) I.T(SS).A. NO.67/RJT/2010 (ASSESSMENT YEAR 2006-07) THE ITO WD.2 VS SHRI MUKESH B ZAVERI BHUJ PLOT NO.70 MOTA DELO WANIAWAD BHUJ-KUTCH PAN : AABPZ65666D (APPELLANT) (RESPONDENT) DATE OF HEARING : 28-09-2011 DATE OF PRONOUNCEMENT : 28-09-2011 APPELLANT BY : SHRI YOGESH PANDE RESPONDENT BY: SHRI JC RANPURA O R D E R PER BENCH THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST THE ORDER OF CIT(A)-IV AHMEDABAD DATED 31-08-2010 PERTAINING TO ASSESSMENT YEAR 2006-07 WHEREBY THE CIT(A) DELETED THE PENALTY LEVIED U/S 271(1)(C) OF THE ACT. 2. AT THE OUTSET THE LD.AR SUBMITTED THAT THE ASSE SSEE DISCLOSED THE ENTIRE INCOME IN THE RETURN FILED IN RESPONSE TO NOTICE IS SUED U/S 153A OF THE ACT AND NO ADDITION WAS MADE BY THE ASSESSING OFFICER. THEREF ORE THERE IS NO QUESTION OF LEVY OF ANY PENALTY. ON IDENTICAL SET OF FACTS TH IS TRIBUNAL IN THE CASE OF SHRI SHANTILAL JERAMBHAI MAHESHWARI CITED SUPRA HAS CONF IRMED SIMILAR ORDER OF CIT(A). THE LD.REPRESENTATIVE FOR THE ASSESSEE FIL ED A COPY OF THE ORDER DATED 03-06-2011 PASSED BY THE TRIBUNAL IN IT(SS)A. NO.69 /RJT/2009 IN THE CASE OF SHRI SHANTILAL JERAMBHAI MAHESHWARI. THE LD REPRESENTAT IVE AGAIN SUBMITTED THAT ON IT(SS)A NO.67/RJT/2010 2 IDENTICAL SET OF FACTS THE KOLKATA BENCH B OF TH E TRIBUNAL IN THE CASE OF DY.CIT VS AVINASH CH.GUPTA (2010) 6 ITR (TRIB) 173 (KOL) H AS DELETED THE PENALTY LEVIED BY LOWER AUTHORITIES ON IDENTICAL SET OF FACTS. 3. AFTER HEARING LD.DR WE FIND THAT THERE WAS A SEA RCH IN THE PREMISES OF THE ASSESSEE AND THE ASSESSEE HAS FILED RETURN OF INCOM E IN PURSUANCE TO NOTICE U/S 153A OF THE ACT. THE ASSESSING OFFICER ACCEPTED TH E RETURN FILED BY ASSESSEE WITHOUT ANY FURTHER ADDITION. THE ASSESSING OFFICE R INITIATED PENALTY PROCEEDINGS U/S 271(1)(C) OF THE ACT ON THE GROUND THAT THE ASS ESSEE HIMSELF HAS DISCLOSED UNDISCLOSED INCOME OF RS.45 00 000. THE FACT REMAI NS THAT THE UNDISCLOSED INCOME IS DISCLOSED IN THE RETURN FILED IN RESPONSE TO THE NOTICE ISSUED U/S 153A OF THE ACT. ONCE THE ASSESSEE HAS FILED THE RETURN OF INCOME CONSEQUENT TO THE NOTICE ISSUED U/S 153A OF THE ACT ALL PENDING PROCE EDINGS FOR THOSE ASSESSMENT YEARS SHALL STAND ABATED AND THEREFORE THE INCOME HAS TO BE COMPUTED ONLY ON THE BASIS OF THE RETURN OF INCOME FILED BY THE ASSE SSEE IN RESPONSE TO NOTICE ISSUED U/S 153A OF THE ACT. ADMITTEDLY THE ASSESS EE HAS DISCLOSED THE UNDISCLOSED INCOME OF RS.45 00 000 IN THE RETURN OF INCOME FILED CONSEQUENT TO THE ISSUE OF NOTICE U/S 153A OF THE ACT THEREFORE IN OUR OPINION THERE CANNOT BE ANY CONCEALMENT OF INCOME. ON IDENTICAL SET OF FAC TS AS RIGHTLY SUBMITTED BY THE LD.REPRESENTATIVE FOR THE ASSESSEE THIS TRIBUNAL I N THE CASE OF SHRI SHANTILAL JERAMBHAI MAHESHWARI CITED SUPRA HAS CONFIRMED IDEN TICAL ORDER OF THE CIT(A). A SIMILAR VIEW WAS ALSO TAKEN BY THE KOLKATA BENCH B OF THE TRIBUNAL IN THE CASE OF DY.CIT VS AVINASH CH.GUPTA (SUPRA). IN VIE W OF THE ABOVE DISCUSSION IN OUR OPINION THE CIT(A) HAS RIGHTLY DELETED THE PE NALTY LEVIED BY THE ASSESSING IT(SS)A NO.67/RJT/2010 3 OFFICER. WE HAVE NO REASON TO INTERFERE WITH THE O RDER OF THE CIT(A). ACCORDINGLY THE SAME CONFIRMED. 5. IN THE RESULT THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28-09-2011. SD/- SD/- (D.K. TYAGI) (A.L. GEHLOT) JUDICIAL MEMBER ACCOUNTANT MEMBER RAJKOT DT : 28 TH SEPTEMBER 2011 PK/- COPY TO: 1. ASSESSEE 2. REVENUE 3. THE CIT(A)-IV AHMEDABAD 4. THE CIT CENTRAL-II AHMEDABAD 5. THE DR I.T.A.T. RAJKOT (TRUE COPY) BY ORDER ASSTT.REGISTRAR ITAT RAJKOT