The ACIT, Circle-2(1), Vijayawada v. Sri Vallabhaneni Venkata Ramaiah(HUF), Vijayawada

IT(SS)A NOS.6 TO 9 OF 2010 VALLABHANENI SURAJ KUMAR (HUF) & OTHERS VIJAYAWADA U-S 158BFA (2 ) PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH VISAKHAPATNAM BEFORE: SHRI SUNIL KUMAR YADAV JUDICIAL MEMBER AND SHRI BR BASKARAN ACCOUNTANT MEMBER IT (SS) A NO S . 6 /VIZAG/20 10 BLOCK PERIOD : 14 - 02 - 2003 ACIT CIRCLE - 2(1) VIJAYAWADA VS. SRI VALLABHANENI SURAJ KUMAR (HUF) VIJAYAWADA (APPELLANT) (RESPONDENT) PAN NO: AACHV 9845 C IT(SS)A NOS. 7/VIZAG/2010 BLOCK PERIOD: 14 - 02 - 2003 ACIT CIRCLE - 2(1) VIJAYAWADA VS. SRI VALLABHANENI VENKATA RAMAIAH (HUF) L/R OF LATE SMT. V. VENKATA SUBBAMMA VIJAYAWADA (APPELLANT) (RESPONDENT) PAN NO: ABBPV 5488 B IT(SS)A NOS. 8/VIZAG/2010 BLOCK PERIOD: 14 - 02 - 2003 ACIT CIRCLE - 2(1) VIJAYAWADA VS. SRI VALLABHANENI BALAJI (HUF) VIJAYAWADA (APPELLANT) (RESPONDENT) PAN NO: AABHP 0506 R IT(SS)A NOS. 9/VIZAG/2010 BLOCK PERIOD: 14 - 02 - 2003 ACIT CIRCLE - 2(1) VIJAYAWADA VS. SRI VALLABHANENI VENKATA RAMAIAH (HUF) VIJAYAWADA (APPELLANT) (RESPONDENT) PAN NO: AABHV 0509 A APPELLANT BY: SHRI T H .L UCAS PETER DR RESPONDENT BY: SHRI G.V.N. HARI CA ORDER PER BENCH: ALL THESE FOUR APPEALS HAVE BEEN PREFERRED BY THE REVENUE AGAINST THE SEPARATE ORDERS PASSED BY LEARNED CIT (A) VIJAYAWAD A IN THE RESPECTIVE HANDS OF THE ASSESSEES CITED ABOVE FOR THE BLOCK PERIOD ENDI NG 14-02-2003. 2. THE REVENUE IS ASSAILING THE DECISION OF THE LEA RNED CIT (A) IN PARTIALLY DELETING THE PENALTY LEVIED IN THE RESPECTIVE HANDS OF THE ASSESSEE UNDER SECTION 158BFA (2) OF THE ACT. 3. THE FACTS RELATING TO THE ISSUE ARE STATED IN BR IEF. CONSEQUENT TO THE SEARCH & SEIZURE PROCEEDINGS THE ASSESSING OFFICER PASSED BLOCK ASSESSMENT ORDERS IN THE RESPECTIVE HANDS OF THE ASSESSEES CITED ABOVE. THE SE ASSESSEES CHALLENGED THE IT(SS)A NOS.6 TO 9 OF 2010 VALLABHANENI SURAJ KUMAR (HUF) & OTHERS VIJAYAWADA U-S 158BFA (2 ) PAGE 2 OF 2 BLOCK ASSESSMENT ORDER BEFORE THE LEARNED CIT (A) A ND ALSO BEFORE THE I.T.A.T. THE TRIBUNAL PARTIALLY ALLOWED THE APPEALS FILED BY THESE ASSESSEES. 4. IN THE MEAN TIME THE ASSESSING OFFICER ALSO LEVIED PENALTY UNDER SECTION 158BFA(2) OF THE ACT IN THE RESPECTIVE HANDS OF THE SE ASSESSEES. ALL THESE ASSESSEES CHALLENGED THE SAID PENALTY ORDERS BEFORE LEARNED CIT(A). THE FIRST APPELLATE AUTHORITY DELETED THE PENALTY WHICH IS R ELATABLE TO THE RELIEF GRANTED BY THE TRIBUNAL. THE REVENUE IS CHALLENGING THE SAID DECISION OF LEARNED CIT(A) BEFORE US. 5. WE HAVE HEARD THE PARTIES. BOTH THE PARTIES AGREED THAT THE PENALTY CANNOT SURVIVE IF THE INCOME AGAINST WHICH THE SAID PENAL TY WAS LEVIED ITSELF WAS DELETED. THERE IS NO DISPUTE WITH REGARD TO THE FACT THAT TH E LEARNED CIT(A) HAS DELETED ONLY THOSE PENALTY WHICH IS RELATABLE TO THE RELIEF GRANTED BY THE ITAT. HENCE WE DO NOT FIND ANY INFIRMITY IN THE SAID DECISION OF L EARNED CIT(A). 6. ACCORDINGLY WE DISMISS THESE APPEALS OF THE REV ENUE. PRONOUNCED IN THE OPEN COURT ON 5 TH JANUARY 2010. SD/- SD/- (SUNIL KUMAR YADAV) (B R BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER PVV/SPS VISAKHAPATNAM DATE:05-01-2011 COPY TO 1 THE ACIT CIRCLE - 2(1) VIJAYAWADA 2 SRI VALLABHANENI SURAJ KUMAR (HUF) 74 - 12 - 27 NEW RTC COLONY VIJAYAWADA 520 008 3 SRI VAL LABHANENI VENKATA RAMAIAH L/R OF LATE SMT. V. VEKA TA SUBBAMMA 74-12-27 NEW RTC COLONY VIJAYAWADA 520 008 4 SRI VALLABHANENI BALAJI 74 - 12 - 27 NEW RTC COLONY VIJAYAWADA 520 008 5 SRI VALLABHANENI VENKATA RAMAIAH 74 - 12 - 27 NEW RTC COLONY VIJAYAWADA 520 008 6 7. THE CIT VIJAYAWADA THE CIT(A) VIJAYAWADA 8 THE DR ITAT VISAKHAPATNAM. 6 GUARD FILE. BY ORDER SENIOR PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM