Mauli Hills Cottages, V. Income-tax Officer,

CO 99/PUN/2014

• Counselvise Citation: [2015] 123 COUNSELVISE.COM (IT) 0283 (ITAT-PUNE)
• Duration Of Justice: 3 month(s) 1 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 21-01-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 20-10-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B C MALAKAR
• Assessee Lawyers: S R NADPUROHIT

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR, JUDICIAL MEMBER ITA NO.1840/PN/2013 (ASSESSMENT YEAR : 2007-08) INCOME TAX OFFICER, WARD 3(1), PUNE. . APPELLANT VS. M/S MAULI HILLS & COTTAGES, 798, BHANDARKAR INSTITUTE ROAD, PUNE 411 004. PAN : AAGFM9040A . RESPONDENT C.O. NO.99/PN/2014 (ARISING OUT OF ITA NO.1840/PN/2013) (ASSESSMENT YEAR : 2007-08) M/S MAULI HILLS & COTTAGES, 798, BHANDARKAR INSTITUTE ROAD, PUNE 411 004. PAN : AAGFM9040A . CROSS OBJECTOR VS. INCOME TAX OFFICER, WARD 3(1), PUNE. . APPELLANT IN APPEAL DEPARTMENT BY : SHRI B. C. MALAKAR ASSESSEE BY : SHRI S. R. NADPUROHIT DATE OF HEARING : 15-01-2015 DATE OF PRONOUNCEMENT : 21-01-2015 ORDER PER G. S. PANNU, AM THE CAPTIONED APPEAL BY THE REVENUE AND THE CROSS-O BJECTION BY THE ASSESSEE IS DIRECTED AGAINST AN ORDER OF THE COMMIS SIONER OF INCOME TAX (APPEALS)-II, PUNE DATED 16.05.2013 WHICH, IN TURN, HAS ARISEN FROM AN ORDER DATED 30.03.2012 PASSED BY THE ASSESSING OFFICER U/ S 271(1)(C) OF THE INCOME-TAX ACT, 1961 (IN SHORT THE ACT) PERTAINING TO THE ASSESSM ENT YEAR 2007-08. 2. THE ISSUES IN THE CAPTIONED PROCEEDINGS RELATE T O PENALTY OF RS.18,51,212/- IMPOSED BY THE ASSESSING OFFICER U/S 271(1)(C) OF THE ACT ON ITA NO.1840/PN/2013 C.O.NO.99/PN/2014 ACCOUNT OF DISALLOWANCE OF ASSESSEES CLAIM FOR DED UCTION U/S 80-IB(10) OF THE ACT IN THE ASSESSMENT PROCEEDINGS. 3. THE CIT(A) HAS DELETED THE PENALTY ON THE GROUND THAT THE ADDITION/DISALLOWANCE IN RESPECT OF WHICH THE IMPUG NED PENALTY WAS IMPOSED BY THE ASSESSING OFFICER HAS SINCE BEEN DELETED BY THE TRIBUNAL VIDE ORDER IN ITA NO.146/PN/2011 DATED 14.09.2012 AND THEREFORE T HE VERY BASIS FOR IMPOSITION OF PENALTY NO LONGER SURVIVED. THE REVE NUE IS IN APPEAL BEFORE US CHALLENGING THE AFORESAID ACTION OF THE CIT(A). SO HOWEVER, IT IS NOT DISPUTED BY THE REVENUE THAT THE FACTUAL MATRIX NOTED BY THE CIT(A) CONTINUES TO HOLD THE FIELD AND THEREFORE, WE FIND NO REASONS TO INTE RFERE WITH HIS ULTIMATE CONCLUSION OF DELETING THE PENALTY IMPOSED BY THE A SSESSING OFFICER U/S 271(1)(C) OF THE ACT. AS A CONSEQUENCE, THE ORDER OF THE CIT(A) IS HEREBY AFFIRMED AND THE REVENUE FAILS IN ITS APPEAL. 4. IN SO FAR AS THE CROSS-OBJECTION IS CONCERNED, A SSESSEE HAS RAISED CERTAIN ISSUES OPPOSING THE IMPOSITION OF PENALTY. THE SAID ISSUES BECOME ACADEMIC BECAUSE WE HAVE ALREADY AFFIRMED THE ORDER OF THE CIT(A) DELETING THE PENALTY FOR THE REASONS TAKEN BY THE CIT(A) IN HIS IMPUGNED ORDER. AS A CONSEQUENCE, THE GROUNDS RAISED BY THE ASSESSEE IN THE CROSS-OBJECTION ARE RENDERED INFRUCTUOUS. 5. RESULTANTLY, THE CAPTIONED APPEAL OF THE REVENUE AND THE CROSS- OBJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST JANUARY, 2015. SD/- SD/- (R.S. PADVEKAR) (G.S. PANNU) JUDICIAL MEMBER ACCOUNTANT MEMBER PUNE, DATED: 21 ST JANUARY, 2015. SUJEET ITA NO.1840/PN/2013 C.O.NO.99/PN/2014 COPY OF THE ORDER IS FORWARDED TO : - 1) THE ASSESSEE; 2) THE DEPARTMENT; 3) THE CIT(A)-II, PUNE; 4) THE CIT-II, PUNE; 5) THE DR B BENCH, I.T.A.T., PUNE; 6) GUARD FILE. BY ORDER //TRUE COPY// ASSISTANT REGISTRAR I.T.A.T., PUNE