NORTHERN INDIA TILES ( SALES) CORPORATION, MUMBAI V. ITO 12(3)(2), MUMBAI

ITA 1039/MUM/2009

• Counselvise Citation: 103919914 RSA 2009
• Duration Of Justice: 2 year(s) 6 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-08-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2003-2004
• Appeal Filed On: 16-02-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P C MAURYA
• Assessee Lawyers: VIMAL PUNMIYA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AN D SHRI VIJAY PAL RAO, JUDICIAL MEMBER ITA NO. 1039/MUM./2009 (ASSESSMENT YEAR : 2003-04 ) M/S. NORTHERN INDIA TILES (SALES) CORP. 85/86, MAKER CHAMBERS-III NARIMAN POINT, MUMBAI 400 021 PAN AAAFN1474C .. APPELLANT V/S INCOME TAX OFFICER WARD12(3)(2), MUMBAI .... RESPONDENT ASSESSEE BY : MR. VIMAL PUNMIYA REVENUE BY : MR. P.C. MAURYA DATE OF HEARING 18.8.2011 DATE OF ORDER 26.08.2011 O R D E R PER J. SUDHAKAR REDDY, A.M. THIS APPEAL PREFERRED BY THE ASSESSEE, IS DIRECTED AGAINST THE IMPUGNED ORDER DATED 4 TH DECEMBER 2008, PASSED BY THE COMMISSIONER (APPEALS)-XII, MUMBAI, FOR ASSESSMENT YEAR 2003-04. THE SOLE DISPUTE IN THIS APPEAL IS, WHETHER OR NOT THE COMMISSIONER (AP PEALS) WAS JUSTIFIED IN CONFIRMING PENALTY OF ` 11,59,415, IMPOSED BY THE ASSESSING OFFICER UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961 (FOR SHORT THE ACT ). M/S. NORTHERN INDIA TILES (SALES) CORPORATION ITA NO.1039/M/2009 2 2. BEFORE US, LEARNED COUNSEL, MR. VIMAL PUNMIYA, APPE ARED ON BEHALF OF THE ASSESSEE AND THE LEARNED DEPARTMENTAL REPRESENT ATIVE, MR. P.C. MOURYA, APPEARED ON BEHALF OF THE REVENUE. 3. RIVAL CONTENTIONS HEARD. ON A CAREFUL CONSIDERATION OF THE FACTS AND CIRCUMSTANCES OF THE CASE AND ON PERUSAL OF THE PAP ERS ON RECORD, WE FIND THAT DURING THE COURSE OF QUANTUM PROCEEDINGS IN AS SESSEES OWN CASE FOR THE YEAR UNDER ASSESSMENT, THE TRIBUNAL, IN ITA NO. 297/MUM./2007, VIDE ORDER DATED 24 TH MARCH 2009, SET ASIDE THE APPEAL TO THE FILE OF AS SESSING OFFICER FOR FRESH EXAMINATION OF FACTS. THE ASSESSI NG OFFICER, VIDE HIS ORDER 30 TH DECEMBER 2010, PASSED UNDER SECTION 143(3) R/W SEC TION 254 OF THE ACT, ACCEPTED THE CLAIM OF THE ASSESSEE AND DID NOT MAKE ANY ADDITIONS. IN VIEW OF THE ABOVE, PENALTY HAS NO LEGS TO STAND. 4. IN THE RESULT, ASSESSEES APPEAL IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 26.8.2011 SD/- VIJAY PAL RAO JUDICIAL MEMBER SD/- J. SUDHAKAR REDDY ACCOUNTANT MEMBER MUMBAI, DATED: 26 TH AUGUST 2011 COPY TO : (1) THE ASSESSEE; (2) THE RESPONDENT; (3) THE CIT(A), MUMBAI, CONCERNED; (4) THE CIT, MUMBAI CITY CONCERNED; (5) THE DR, B BENCH, ITAT, MUMBAI. TRUE COPY BY ORDER PRADEEP J. CHOWDHURY ASSISTANT REGISTRAR SR. PRIVATE SECRETARY ITAT, MUMBAI BENCHES, MUMBAI