Jaswantlal G.Patel,Huf, Surat vs Assessee

Jaswantlal G.Patel - HUF बनाम/ The Asst.CIT 35, Khadki Street Vs. Circle-3 Nr.Bank of India Surat Adajan Gam Surat थायी ले खा सं . /जीआइआर सं . / PAN/GIR No. : AACHP 8216 K (अपीलाथ /Appellant) .. ( यथ / Respondent)

अपीलाथ ओर से / Appellant by : Written submissions यथ क ओर से/Respondent by : Shri Roop Chand Sr. DR.

ु वाई क तार ख / सन Date of Hearing 09/01/205 घोषणा क तार ख /Date of Pronouncement 02/02/2015

आदे श / O R D E R

PER SHRI G.C.GUPTA, VICE PRESIDENT (AZ) :

This appeal filed by the Assessee is directed against the order of ld.CIT(A)-Surat, Ahmedabad, dated 15/06/2011 for the Asst.Year 2004-

05.

2. At the time of hearing of the appeal, none attended on behalf of the appellant-assessee. However, the assessee has filed written submissions before the Tribunal with the request that the same may be considered at the time of disposal of the appeal. Accordingly, the appeal of the assessee is being disposed of on merits after considering the written ITA No.2099/Ahd/2011 Jaswantlal G.Patel vs. The ACIT Asst.Year - 2004-05 -2-

submissions filed by the assessee and hearing the arguments of the ld.Sr.DR. The only issue in this appeal is regarding validity of penalty levied u/s.271(1)(c) of the I.T.Act, 1961 amounting to Rs.69,705/- on addition made on account of cash found during the survey proceedings. The assessee has submitted in its written submissions that the penalty levied on donation of Rs.4 lacs paid to SMC for development work and addition of Rs.12,421/- towards the differential amount of disclosure has already been deleted by the CIT(A) vide his order dated 15/06/2011 and against which the Department has not preferred any appeal before the Tribunal. With regard to the third addition of Rs.2,32,350/- on account of excess cash found at the time of survey, the assessee has submitted in its written submissions that the ITAT 'D' Bench Ahmedabad vide its order dated 29/02/2012 in ITA No.3707/Ahd/2007 for the relevant Assessment Year 2004-05 has deleted the addition and the copy of the order of the Tribunal has been filed by the assessee and, therefore, no penalty could be imposed on the assessee. The ld.Sr.DR has opposed the submissions of the ld.counsel for the assessee. He submitted that during the course of survey proceeding, the assessee could not explain about the excess cash found. The ld.Sr.DR supported the orders of the AO and CIT(A).

3. We have considered the written submissions of the assessee and arguments of ld.Sr.DR and perused the orders of the AO and CIT(A) as well as the decision of the Coordinate Bench passed in assessee's own case (quantum appeal) dated 29/02/2012, wherein the addition of Rs.2,32,350/- has been deleted by the Tribunal. In this facts, we are of ITA No.2099/Ahd/2011 Jaswantlal G.Patel vs. The ACIT Asst.Year - 2004-05 -3-

the view that there remains no justification for imposition of penalty of Rs.69,705/- u/s.271(1)(c) of the Act on addition of rs.2,32,350/- towards cash found during the survey and, accordingly, cancelled the penalty and the grounds of appeal of the assessee are allowed.

4. In the result, the appeal of the Assessee is allowed.

Sd/- Sd/- ( ANIL CHATURVEDI ) ( G.C. GUPTA ) ACCOUNTANT MEMBER VICE PRESIDENT (AZ)

Ahmedabad; Dated 02 / 02/2015

ट .सी.नायर, व.(न.स./T.C. NAIR, Sr. PS

आदे श क त"ल#प अ$े#षत/Copy of the Order forwarded to : 1. अपीलाथ / The Appellant 2. यथ / The Respondent. 3. संबं*धत आयकर आयु,त / Concerned CIT 4. आयकर आयु,त(अपील) / The CIT(A)-Surat

5. /वभागीय (त(न*ध, आयकर अपील य अ*धकरण, अहमदाबाद / DR, ITAT, Ahmedabad

6. गाड5 फाईल / Guard file.

ु ार/ BY ORDER, आदे शानस

स या/पत (त //True Copy// उप/सहायक पंजीकार (Dy./Asstt.Registrar) आयकर अपील य अ धकरण, अहमदाबाद / ITAT, Ahmedabad

1. Date of dictation .. 9.1.15 (dictation-pad 5-pages attached at the end of this File)

2. Date on which the typed draft is placed before the Dictating Member ..9.1.15

3. Other Member...

4. Date on which the approved draft comes to the Sr.P.S./P.S.................

5. Date on which the fair order is placed before the Dictating Member for pronouncement......

6. Date on which the fair order comes back to the Sr.P.S./P.S.......02.02.15

7. Date on which the file goes to the Bench Clerk.....................02.02.15

8. Date on which the file goes to the Head Clerk..........................................

9. The date on which the file goes to the Assistant Registrar for signature on the order..........................

10. Date of Despatch of the Order..................