INCOME TAX OFFICER, WARD 5(2), AMRITSAR vs. SH. INDER PAL SINGH AHUJA, AMRITSAR

The cross appeals are filed by the assessee and the Revenue against the separate orders of the ld. Commissioner of Income Tax (Appeals), Amritsar dated 01.04.2011 & 03.07.2017 in respect of Assessment Year: 2003-04.

The assessee has challenged the quantum appeal on legal issue on merits of the case and the department has challenged the consequential penalty levied u/s 271(1)(c) of the Act.

None attended for the assessee nor has any adjournment application been filed by the assessee. This is an old appeal of 2011 and 2017 pertaining to assessment year 2003-04, it was decided to hear the ld. DR on merits of the case and adjudicate the appeal accordingly.

At time of hearing, the ld. CIT-DR has submitted that he was directed by the Tribunal on the previous date of hearing on 01.08.2023 to update the current status of this case before the jurisdictional High Court in respect of assessment year 2002-03. In this regard, he has submitted that his case is still pending before the Hon’ble Punjab & Haryana High Court, Chandigarh bearing Appeal No. ITA-338 of 2006, the screenshot to that effect enclosed hereunder: judgment delivered by the co-ordinate ITAT Amritsar Bench vide order dated 22.02.2006 in Appeal No. 93/Asr/2005 for the assessment year 2002-03 which is sub-judice before the Hon’ble Jurisdictional High Court wherein the Tribunal has approved the sale rate at Rs. 22 lacs per acre, i.e., Rs. 454/- per sq. yard and department relies on this order of the Tribunal. Accordingly, he contended that the appeal may kindly be decided in favour of Revenue as a covered matter.

Having heard the ld. DR, perusal of the record, the impugned order and the decision of the co-ordinate Bench. We find that the issue adopted by the appellant is covered matter in fovour of the Revenue by the decision of the Amritsar Bench in in respect of AY 2002-03 vide its order dated 22.02.2006. However, the assessee has challenged the said Tribunal order before the jurisdictional Punjab High Court, hence, the matter is sub-judice. In view of that matter, we are of the considered opinion that the proceedings in the present appeal may be abated till the decision of the Hon’ble Punjab & Haryana High Court on the matter with the caveat to allow the appellant assessee to revive the appeals on pronouncements of the decision by the Hon’ble Apex Court in the matter. jurisdictional High Court.

In the backdrop of the above discussion, the subject appeals are disposed of in the terms indicated as above.