Income Tax Appellate Tribunal - Amritsar
The Dy. Commissioner Of Income Tax, ... vs M/S Prehari Protection System Pvt. Ltd, ... on 18 May, 2017
IN THE INCOME TAX APPELLATE TRIBUNAL
AMRITSAR BENCH; AMRITSAR
BEFORE SH. T.S. KAPOOR, ACCOUNTANT MEMBER AND
SH.N.K.CHOUDHRY, JUDICIAL MEMBER
M. A. No. 06/(Asr)/2017
(Arising out of I.T.A No. 183/(Asr)/2016)
Assessment Year: 2011-12
PAN: AAMPA1265F
Dy. CIT, Vs. M/s. Prehari Protection System
Circle-IV, Pvt. Ltd., Jallow Khanna,
Jalandhar. Kapurthala.
(Appellant) (Respondent)
Appellant by: Sh. Rahul Dhawan (DR)
Respondent by: None
Date of hearing: 12.05.2017
Date of pronouncement: 18.05.2017
ORDER
PER T. S. KAPOOR (AM):
This Miscellaneous Application has been filed by Revenue against the order of the Tribunal dated 01.08.2016 in ITA No. 183/(Asr)/2016. No one was present on behalf of the assessee, however from the record, it was observed that the matter can be disposed off even in the absence of Ld. AR; therefore, the Ld. DR was directed to proceed with his arguments.
2. The Ld. DR, at the outset invited our attention to the grounds of appeal taken by Revenue and submitted that Hon'ble Tribunal had not disposed off second ground and therefore, this amounts to mistake apparent from record which needs to be rectified.
3. The Ld. DR submitted that the assessee had not filed vouchers for foreign traveling expenses and for project expenses and therefore, the 2 MA No. 06/(Asr)/2017 Arising out of ITA No. 183/(Asr)/2016 Asst. Year: 2011-12 Assessing Officer had rightly made the addition and it was wrong on the part of Ld. CIT(A) to hold that penalty cannot be imposed under these circumstances.
4. We have heard the Ld. DR and have gone through the material placed on record. We find that Hon'ble Tribunal vide order dated 01.08.2016 had disposed off the appeal filed by Revenue and in its order, it has held to have found no infirmity in the order of Ld. CIT(A). The Hon'ble Tribunal has in fact disposed off ground no. 2 only as ground no. 1 is general. The Hon'ble Tribunal has held that any disallowance made by Assessing Officer will not itself amount to furnishing of inaccurate particulars of income and Hon'ble Tribunal had placed reliance on Petro Products Ltd. reported in 322 ITR 158 (SC). The order of Hon'ble Supreme Court in the case of CIT Vs. Reliance Petro Products clearly states that merely because the assessee had claimed certain expenditure and which claim was not accepted or was not acceptable to the Revenue, that by itself would not attract the penalty u/s 271(1) (c) of the Act, therefore, the argument of Ld. DR that ground no. 2 has not been disposed off do not hold in force.
5. In view of the above, the Miscellaneous Application filed by Revenue is dismissed.
Order pronounced in the open Court on 18.05.2017.
Sd/- Sd/-
(N. K. CHOUDHRY) (T. S. KAPOOR)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated 18/05/2017
3 MA No. 06/(Asr)/2017
Arising out of ITA No. 183/(Asr)/2016 Asst. Year: 2011-12 GP/Sr./PS Copy of the order forwarded to:
(1) The Assessee:
(2) The (3) The CIT(A), (4) The CIT, (5) The SR DR, I.T.A.T., True copy By Order