(2009) 309 ITR 107 (Del) Madhushree Gupta v. Union of India

Navneet Kr. Kedia, Purnia vs. ITO, Ward-3(1), Purnia

Appeal is allowed

Bench: Shri S.S.Godara & Dr.A.L. Sainiassessment Year :2006-07 Navneet Kumar Kedia Income Tax Officer बनाम S/O Mohan Kumar Kedia Ward-3(1), Purnia Prop. M/S Kedia Trading V/S. Co. Gulabbagh, Purnia [Pan No.Aejpk 1399 H] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Alok Kumar Shahi, Advocate अपीलाथ" क" ओर से/By Appellant Shri Ajay Kumar, Addl. Cit-Sr-Dr ""यथ" क" ओर से/By Respondent 17-09-2020 सुनवाई क" तार"ख/Date Of Hearing 17-09-2020 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Bench:- This Assessee’S Appeal For Assessment Year 2006-07 Arises Against The Commissioner Of Income Tax (Appeals)-Bhagalpur’S Order Dated 31.10.2013 Involving Penalty Proceedings U/S 271(1)(C) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. For The Reasons Stated In The Assessee’S Identical Condonation Petition For Delay Of 197 Days’ On Account Of Compilation Of Necessary Records Etc., We Hold That The Same Is Neither Intentional Nor Deliberate But On Account Of Circumstances Beyond His Control. The Same Stands Condoned. The Case Is Now Taken Up For Adjudication On Merits. 3. The Assessee’S Identical Sole Substantive Grievance Raised In This Instant Appeal Challenges Correctness Of Both The Lower Authorities Action

…as to whether the assessee had concealed particulars of his income or furnishing inaccurate particulars of such income. We find no merit in Revenue’s instant stands in view of the case laws (2009) 309 ITR 107 (Del) Madhushree Gupta vs. Union of India, (2013) 359 ITR 515 (Kar) Commissioner of Income Tax vs. Manjunatha Cotton & Grinning Factory and Commissioner of Income Tax vs. Rampur Engineering Co. Ltd. (2009) 309 ITR 143 (Del) & PCIT v/s. Dr. Murari Mohan Koley ITAT No. 306 of 2017 GA No. 2968 of 2017 dt.18.7.2018 (Cal). Their lordships decide the issue in assessee’s favour that such a compliance has to come a…

Ravi Prakash Ojha, Jamshedpur vs. ACIT, C.C.-1, Ranchi

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godara

…as to whether the assessee had concealed particulars of his income or furnishing inaccurate particulars of such income. We find no merit in Revenue’s instant stands in view of the case laws (2009) 309 ITR 107 (Del) Madhushree Gupta vs. Union of India, (2013) 359 ITR 515 (Kar) Commissioner of Income Tax vs. Manjunatha Cotton & Grinning Factory and Commissioner of Income Tax vs. Rampur Engineering Co. Ltd. (2009) 309 ITR 143 (Del) & PCIT v/s. Dr. Murari Mohan Koley ITAT No. 306 of 2017 GA No. 2968 of 2017 dt. 18.7.2018 (Cal). Their lordships decide the issue in assessee’s favour that such a compliance has to come…

Ravi Prakash Ojha, Jamshedpur vs. ACIT, C.C.-1, Ranchi

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godara

…as to whether the assessee had concealed particulars of his income or furnishing inaccurate particulars of such income. We find no merit in Revenue’s instant stands in view of the case laws (2009) 309 ITR 107 (Del) Madhushree Gupta vs. Union of India, (2013) 359 ITR 515 (Kar) Commissioner of Income Tax vs. Manjunatha Cotton & Grinning Factory and Commissioner of Income Tax vs. Rampur Engineering Co. Ltd. (2009) 309 ITR 143 (Del) & PCIT v/s. Dr. Murari Mohan Koley ITAT No. 306 of 2017 GA No. 2968 of 2017 dt. 18.7.2018 (Cal). Their lordships decide the issue in assessee’s favour that such a compliance has to come…

Shri Raees Ahmad Khan, Bokaro Steel City vs. DCIT, Circle-3(1), Bokaro Steel City

Appeals are allowed

Bench: Shri S.S, Godara

…ry compliance arises only at the time of issuance of penalty(ies) notice and not when the assessment itself is finalised. I find no merit in Revenue’s instant stands in view of the case laws (2009) 309 ITR 107 (Del) Madhushree Gupta vs. Union of India, (2013) 359 ITR 515 (Kar) Commissioner of Income Tax vs. Manjunatha Cotton & Grinning Factory and Commissioner of Income Tax vs. Rampur Engineering Co. Ltd. (2009) 309 ITR 143 (Del). Their lordships decide the issue in assessee’s favour that such a compliance has to come at the time of finalization of assessments proceedings as well. I thus reject the Revenue’s fore…

Shri Raees Ahmad Khan, Bokaro Steel City vs. DCIT, Circle-3(1), Bokaro Steel City

Appeals are allowed

Bench: Shri S.S, Godara

…ry compliance arises only at the time of issuance of penalty(ies) notice and not when the assessment itself is finalised. I find no merit in Revenue’s instant stands in view of the case laws (2009) 309 ITR 107 (Del) Madhushree Gupta vs. Union of India, (2013) 359 ITR 515 (Kar) Commissioner of Income Tax vs. Manjunatha Cotton & Grinning Factory and Commissioner of Income Tax vs. Rampur Engineering Co. Ltd. (2009) 309 ITR 143 (Del). Their lordships decide the issue in assessee’s favour that such a compliance has to come at the time of finalization of assessments proceedings as well. I thus reject the Revenue’s fore…

Shri Raees Ahmad Khan, Bokaro Steel City vs. DCIT, Circle-3(1), Bokaro Steel City

Appeals are allowed

Bench: Shri S.S, Godara

…ry compliance arises only at the time of issuance of penalty(ies) notice and not when the assessment itself is finalised. I find no merit in Revenue’s instant stands in view of the case laws (2009) 309 ITR 107 (Del) Madhushree Gupta vs. Union of India, (2013) 359 ITR 515 (Kar) Commissioner of Income Tax vs. Manjunatha Cotton & Grinning Factory and Commissioner of Income Tax vs. Rampur Engineering Co. Ltd. (2009) 309 ITR 143 (Del). Their lordships decide the issue in assessee’s favour that such a compliance has to come at the time of finalization of assessments proceedings as well. I thus reject the Revenue’s fore…