ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-2, Jaipur V. J.V.S. FOODS P. LTD., Jaipur

ITA 104/JPR/2019

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 7951 (ITAT-JAIPUR)
• Duration Of Justice: 2 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-04-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 30-01-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KAILASH MANGAL CIT LD
• Assessee Lawyers: ROHAN SOGANI ACA LD AR DHK

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S B, JAIPUR JH JES'K LH 'KEKZ] YS[KK LNL; ,OA JH FOT; IKY JKO] U;K F;D LNL; DS LE{K BEFORE: SHRI RAMESH C SHARMA, AM & SHRI VIJAY PAL RAO, JM VK;DJ VIHY LA-@ ITA NO.104/JP/2019 FU/KZKJ.K O'KZ@ ASSESSMENT YEAR : 2010-11 A.C.I.T, CIR-2, JAIPUR CUKE VS. M/S. J.V.S FOODS P.LTD 18 NEW COLONY, M.I ROAD, JAIPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO. AAACJ4620Q VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT JKTLO DH VKSJ LS@ REVENUE BY : SHRI KAILASH MANGAL, ADDL.CIT, LD.DR FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : SHRI ROHAN SOGANI, ACA, LD.AR LQUOKBZ DH RKJH[K@ DATE OF HEARING : 16 /04/2019 MN?KKS'K.KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 23/04/2019 VKNS'K@ ORDER PER: R.C. SHARMA, A.M. THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER OF LD.CIT(A)-1, JAIPUR DATED 01/11/2018 FOR THE A.Y. 2 010-11 IN THE MATTER OF IMPOSITION OF PENALTY U/S. 271(1) ( C ) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). 2. RIVAL CONTENTIONS HAVE BEEN HEARD AND RECORD PER USED. 3. AT THE OUTSET THE LD.AR PLACED ON RECORD THE ORD ER OF TRIBUNAL, IN ASSESSEES OWN CASE DATED 16-07-2018, WHEREIN ADDIT IONS SO MADE HAVE BEEN DELETED. THE LD.AR ALSO PLACED ON RECORD THE O RDER OF HONBLE RAJASTHAN HIGH COURT DATED 14-03-2019 CONFIRMING TH E ABOVE ORDER OF TRIBUNAL. ITA NO.104/JP/2019 ACIT VS. J.V.S FOODS P.LTD 2 4. IN VIEW OF ABOVE, IT WAS CONTENDED BY THE LD. AR THAT SINCE ADDITIONS HAVE BEEN DELETED PENALTY SO LEVIED HAS N O LEGS TO STAND. 5. WE HAVE CONSIDERED THE RIVAL CONTENTIONS AND CAR EFULLY GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW AND FOU ND FROM THE RECORD THAT IN THIS CASE PENALTY HAS BEEN IMPOSED WITH RES PECT TO ADDITIONS MADE BY DISALLOWING THE EXEMPTION CLAIMED U/S. 10(38) OF THE ACT. AGAINST THE ADDITION(S) THE ASSESSEE APPROACHED THE TRIBUNAL AN D THE TRIBUNAL VIDE ITS ORDER DATED 16-07-2018 DELETED THE ADDITIONS BY OBS ERVING AT PARAS 4 TO 5 AT PAGES 7 TO 16 OF THE SAID ORDER. WE FOUND THAT HONBLE RAJASTHAN HIGH COURT VIDE ITS ORDER DATED 14-03-2019 HAS CONF IRMED THE SAID ORDER OF THE TRIBUNAL. THE LD. DR HAS ALSO FAIRLY CONCEDE D THAT QUANTUM ADDITION HAS BEEN DELETED BY THE TRIBUNAL. SINCE QUANTUM ADD ITION(S) HAVE BEEN DELETED, THE IMPOSITION OF PENALTY HAS NO LEGS TO S TAND. ACCORDINGLY, WE CONFIRM THE IMPUGNED ORDER OF THE LD. CIT(A) DELET ING THE IMPOSITION OF PENALTY OF RS.90,00,000/- LEVIED U/S. 271(1)( C) OF THE ACT. ACCORDINGLY, WE CONFIRM THE ORDER OF LD. CIT(A). ACCORDINGLY, GR OUNDS RAISED BY THE REVENUE ARE DISMISSED. 6. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. ORDER PRONOUNCED IN THE OPEN COURT ON 23 APRIL, 2019. SD/- SD/- FOT; IKY JKO JES'K LH 'KEKZ (VIJAY PAL RAO) (RAMESH C SHARMA) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 23/04/ 2019 ITA NO.104/JP/2019 ACIT VS. J.V.S FOODS P.LTD 3 *PP/SPS VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT/REVENUE-THE ACIT,CIR-2, JAIPUR. 2. IZR;FKHZ @ THE RESPONDENT- M/S. J.V.S FOODS PVT. LTD, JAIPUR. 3. VK;DJ VK;QDR @ CIT 4. VK;DJ VK;QDRVIHY @ THE CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR, ITAT, JAIPUR 6. XKMZ QKBZY @ GUARD FILE (ITA NO. 104/JP/2019 VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR