Condor Footware(India) Ltd., Surat V. The Dy.CIT.,Circle-1, Surat

ITA 11/AHD/2012

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 89406 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 4 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-05-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2004-2005
• Appeal Filed On: 03-01-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIMALENDU VERMA
• Assessee Lawyers: HARDIK VOHRA

Judgement Text

, , , , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT AND SHRI RAJPAL YADAV, JUDICIAL MEMBER ITA NOS. 2965/AHD/2011 & 11/AHD/2012 / ASSESSMENT YEAR: 2003-04 & 2004-05 M/S. CONDOR FOOTWEAR (INDIA) PVT LTD., SHED NO. A-1/3503-04, ROAD NO.3, SHED NO. 35, B/H. DEV REKHA, SACHIN GIDC, SURAT PAN : AAACC 9540 N DCIT, CIRCLE-1, SURAT / // / (APPELLANT) / // / (RESPONDENT) ASSESSEE(S) BY : SHRI HARDIK VOHRA, AR REVENUE BY : SHRI VIMALENDU VERMA, CIT-DR !'# $ %& !'# $ %& !'# $ %& !'# $ %& / DATE OF HEARING : 11/05/2015 '( $ %& / // / DATE OF PRONOUNCEMENT: 13/05/2015 )* )* )* )*/ // / O R D E R PER G.D. AGRAWAL, VICE PRESIDENT: THESE ARE THE APPEALS FILED BY THE ASSESSEE AGAINST TWO SEPARATE ORDERS OF THE COMMISSIONER OF INCOME TAX (APPEALS)- I, SURAT DATED 09.09.2011 AND 15.11.2011 FOR ASSESSMENT YEARS 2003 -04 AND 2004-05. 2. THE ONLY GROUND RAISED IN THESE TWO APPEALS BY T HE ASSESSEE IS AGAINST THE LEVY OF PENALTY U/S 271(1)(C) OF RS. 3,76,687/- AND RS.1,72,893/- FOR ASSESSMENT YEARS 2003-04 AND 2004-05 RESPECTIVELY. 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE M ATERIAL PLACED BEFORE US. THE PENALTY U/S 271(1)(C) HAVE BEEN LEV IED ON ACCOUNT OF ITA NOS.2965/AHD/2011 & 11/AHD/2012 M/S. CONDOR FOOTWEAR (I) LTD V. DCIT AY: 2003-04 & 2004-05 2 DISALLOWANCE OF BONUS PAID TO THE LABOURERS OF THE CONTRACTOR IN BOTH THE YEARS. AT THE TIME OF HEARING BEFORE US, IT WAS BR OUGHT TO OUR KNOWLEDGE THAT ITAT VIDE ORDER DATED 02.11.2012 IN ITA NOS 28 4 & 285/AHD/2010 HAS SET ASIDE THE DISALLOWANCE OF BONUS PAID TO THE LAB OURERS OF THE CONTRACTOR AND RESTORED THE MATTER BACK TO THE FILE OF THE ASS ESSING OFFICER. COPY OF THE ORDER OF THE ITAT IS PLACED ON RECORD. SINCE THE AD DITION IN RESPECT OF WHICH PENALTY U/S 271(1)(C) WAS LEVIED HAS BEEN SET ASIDE , THE IMPUGNED PENALTY CANNOT SURVIVE. ACCORDINGLY, THE SAME IS CANCELLED. HOWEVER, THE ASSESSING OFFICER WILL BE AT LIBERTY TO INITIATE THE PENALTY PROCEEDINGS AGAIN IF, WHILE COMPLETING THE SET ASIDE ASSESSMENT, HE AGAIN DISAL LOWS THE BONUS. 4. IN THE RESULT, THE ASSESSEES APPEALS ARE DEEMED TO BE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE COURT ON 13 TH MAY, 2015 AT AHMEDABAD. SD/- SD/- (RAJPAL YADAV) JUDICIAL MEMBER (G.D. AGRAWAL) VICE-PRESIDENT AHMEDABAD; DATED 13/05/2015 BIJU T., PS )* $ %+ ,)+% )* $ %+ ,)+% )* $ %+ ,)+% )* $ %+ ,)+%/ COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. !-- % '. / CONCERNED CIT 4. '. ( ) / THE CIT(A) 5. +12 % , , / DR, ITAT, AHMEDABAD 6. 2 3# / GUARD FILE . )*'! )*'! )*'! )*'! / BY ORDER, TRUE COPY 4 44 4/ // /! -5 ! -5 ! -5 ! -5 ( DY./ASSTT.REGISTRAR) , , , , / ITAT, AHMEDABAD