ITO,, Sirsa v. Sh. Subhash Chander Prop., Ellenabad

MA 175/CHANDI/2008 | 1997-1998
Pronouncement Date: 26-08-2010 | Result: Allowed

Appeal Details

RSA Number 17521524 RSA 2008
Bench Chandigarh
Appeal Number MA 175/CHANDI/2008
Duration Of Justice 8 month(s) 23 day(s)
Appellant ITO,, Sirsa
Respondent Sh. Subhash Chander Prop., Ellenabad
Appeal Type Miscellaneous Application
Pronouncement Date 26-08-2010
Appeal Filed By Department
Order Result Allowed
Bench Allotted A
Tribunal Order Date 26-08-2010
Date Of Final Hearing 20-08-2010
Next Hearing Date 20-08-2010
Assessment Year 1997-1998
Appeal Filed On 03-12-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES A CHANDIGARH BEFORE SHRI G.S.PANNU ACCOUNTANT MEMBER AND MS SUSHMA CHOWLA JUDICIAL MEMBER M.A. NOS. 175 176 & 177/CHD/2008 (IN ITA NO.854 855 & 856/CHD/2007) ASSESSMENT YEARS : 1997-98 1998-99 & 1999-2000 THE ITO VS. SHRI SUBHASH CHANDER WARD-2 PROP. M/S DHARAM CHAND ANAND KUMAR SIRSA ELLANABAD. (APPELLANT) (RESPONDENT) APPELLANT BY : SH N.K.SAINI RESPONDENT BY: SHRI D.K.GOYAL ORDER PER SUSHMA CHOWLA JM THESE THREE MISC. APPLICATIONS FILED BY THE REVENUE ARE AGAINST THE CONSOLIDATED ORDER OF THE TRIBUNAL DATED 20.2.2008. 2. THE TRIBUNAL IN ITA NOS. 854 855 & 856/CHANDI/ 2007 RELATING TO ASSESSMENT YEARS 1997-98 1998-99 & 1999-2000 VIDE ORDER DATED 20.2.2008 HAD DISMISSED THE APPEALS OF THE REVENUE AGAINST PENALTY LEVIED U/S 271 (1)(C) OF THE ACT AS NO SATISFACTION WAS R ECORDED BY THE ASSESSING OFFICER WHILE COMPLETING THE ASSESSMENT. THE APPL ICANT IS AGGRIEVED BY THE ORDER OF THE TRIBUNAL AND IT WAS POINTED OUT TH AT AFTER THE AMENDMENT BY THE FINANCE ACT WITH RETROSPECTIVE EFFECT 1.4.1 989 BY THE INSERTION OF SUB SECTION 1 (B) TO SECTION 271 BY THE FINANCE ACT 2008 THE POSITION HAS BEEN CHANGED AND IN CASE THERE IS A DIRECTION F OR INITIATION OF PENALTY PROCEEDINGS U/S 271(1) OF THE ACT THE ORDER OF ASS ESSMENT OR RE- ASSESSMENT SHALL BE DEEMED TO CONSTITUTE SATISFACTI ON OF THE ASSESSING OFFICER. THE LEARNED AR FOR THE ASSESSEE POINTED O UT THAT THE AFORESAID 2 AMENDMENT CAME INTO FORCE AFTER PASSING THE ORDER O F THE TRIBUNAL DATED 20.2.2008 THOUGH WITH RETROSPECTIVE EFFECT. 3. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORDS. THE INSERTION TO SUB SECTION 1 (B) TO SECTION 271 BY TH E FINANCE ACT 2008WITH RETROSPECTIVE EFFECT FROM 1.4.1989 READS AS UNDER: - 271 [ (1B) WHERE ANY AMOUNT IS ADDED OR DISALLOWED IN COMPUTING THE TOTAL INCOME OR LOSS OF AN ASSESSEE I N ANY ORDER OF ASSESSMENT OR RE-ASSESSMENT AND THE SAID ORDEAL CONTAINS A DIRECTION FOR INITIATION OF PENAL TY PROCEEDINGS UNDER SUB SECTION (1) SUCH AN ORDER O F ASSESSMENT OR RE-ASSESSMENT SHALL BE DEEMED TO CONSTITUTE SATISFACTION OF THE ASSESSING OFFICER FO R INITIATION OF THE PENALTY PROCEEDINGS UNDER SUB- SECTION(1)] 4. IN VIEW OF THE AMENDED PROVISIONS OF THE ACT WE FIND MERIT IN THE MISC. APPLICATION MOVED BY THE APPLICANT AND WE REC ALL ORDER DATED 28.2.2008 RELATING TO THE CAPTIONED APPEALS. IN VI EW OF THE INSERTION OF SUB SECTION 1(B) TO SECTION 271 OF THE ACT RETROSP ECTIVELY W.E.F. 1.4.1989 THE SATISFACTION OF THE ASSESSING OFFICER IS UPHELD AND THE APPEALS ARE LISTED FOR HEARING ON THE MERITS OF LEVY OF PENALTY U/S 271 (1)(C) OF THE ACT. THE APPEALS ARE FIXED FOR HEARING ON 28.10.20 10 FOR WHICH NO SEPARATE NOTICE SHALL BE ISSUED TO THE PARTY AS THE DATE HAS BEEN ANNOUNCED IN THE OPEN COURT. 5. IN THE RESULT ALL THE THREE MISCELLANEOUS APPLI CATION FILED BY THE REVENUE ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 20 TH DAY OF AUGUST 2010. SD/- SD/- (G.S.PANNU) (SUSHMA CHOWLA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 20 TH AUGUST 2010 RKK 3 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR