Meghmani Industries Ltd., Ahmedabad V. The ACIT.,Cent,Circle-1(1), Ahmedabad

CO 283/AHD/2011

• Counselvise Citation: [2012] 122 COUNSELVISE.COM (IT) 6900 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 month(s) 1 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 27-02-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 26-12-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AHRI P M MEHTA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, C BENCH, AHMEDABAD BEFORE SHRI A. K. GARODIA, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER I.T.(SS). NO.568 & 569 / AHD/2011 (ASSESSMENT YEAR 2005-06) ACIT, CENTRAL CIRCLE 1(1), AHMEDABAD VS. MEGHMANI DYES & INTERMEDIATES LTD., 27, PHASE I, GIDC, VATVA AHMEDABAD C.O. NOS.282 & 283/AHD/2011 (ASSESSMENT YEAR 2005-06) MEGHMANI DYES & INTERMEDIATES LTD., VS. ACIT, CC-1 (1), 27, PHASE I, GIDC, VATVA AHMEDABAD AHMEDABAD PAN/GIR NO. : AABCM6639D (APPELLANT) .. (RESPONDENT) APPELLANT BY: SHRI VINOD TANWANI, SR. DR RESPONDENT BY: AHRI P M MEHTA, AR DATE OF HEARING: 27.02.2012 DATE OF PRONOUNCEMENT: 27.02.2012 O R D E R PER SHRI A. K. GARODIA, AM:- THESE ARE CROSS APPEALS BY THE REVENUE AND THE ASS ESSEE AGAINST SEPARATE ORDERS BOTH DATED 26.08.2011 OF CIT(A) I, AHMEDABAD FOR THE ASSESSMENT YEAR 2005-06. THE GROUND RAISED BY THE REVENUE IS AGAINST DELETION OF PENALTY U/S 271(1)(C) OF THE ACT OF RS. 39,76,304/- IN IT(SS) I.T.(SS).NOS. 568,569 /AHD/2011 C.O.NO.282 & 283/AHD/2011 2 NO.568/AHD/2011 AND RS.50,58,241/- IN IT(SS) NO.569 /AHD/2011. THE ASSESSEE FILED CROSS OBJECTION AGAINST BOTH THE APP EALS. 2. LD. D.R. OF THE REVENUE SUPPORTED THE ASSESSMENT ORDER WHEREAS THE LD. A.R. OF THE ASSESSEE SUPPORTED THE ORDER OF LD. CIT(A) . HE ALSO SUBMITTED THAT IN THE QUANTUM PROCEEDINGS, THE TRIB UNAL HAS DELETED THOSE ADDITIONS ON WHICH PENALTY WAS IMPOSED IN BOTH THE CASES. HE SUBMITTED A COPY OF THIS COMBINED TRIBUNAL ORDER IN I.T.A.NO. 893 & 894/AHD/2009 DATED 13.01.2012. LD. D.R. OF THE REVENUE HAS ALSO AGREED THAT QUANTUM ADDITION HAS BEEN DELETED AS PER THESE TRIBUNAL ORD ERS. 3. WE HAVE HEARD RIVAL SUBMISSIONS AND IN VIEW OF T HIS FACT THAT QUANTUM ADDITION HAS BEEN DELETED BY THE TRIBUNAL, PENALTY CANNOT SURVIVE AND HENCE, WE DO NOT FIND ANY REASON TO INTERFERE I N THE ORDER OF LD. CIT(A) IN BOTH THE CASES. 4. SINCE THE LD. A.R. DID NOT PRESS THE CROSS OBJEC TIONS, THE SAME ARE DISMISSED AS NOT PRESSED. 5. IN THE RESULT, BOTH THE APPEALS OF THE REVENUE A ND CROSS OBJECTIONS OF THE ASSESSEE ARE DISMISSED. 6. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED HEREINABOVE. SD./- SD./- (KUL BHARAT) (A. K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER SP COPY OF THE ORDER FORWARDED TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE LD. CIT (APPEALS) 5. THE DR, AHMEDABAD BY ORDER 6. THE GUARD FILE AR,ITAT,AHMEDABAD I.T.(SS).NOS. 568,569 /AHD/2011 C.O.NO.282 & 283/AHD/2011 3 1. DATE OF DICTATION 27/02/2012 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 27/2.OTHER MEMBER 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P .S./P.S. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 27/02/2012 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S./P.S.27/2+ 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 27/02/2012 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK .. 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER . 9. DATE OF DESPATCH OF THE ORDER. .