Assistant Commissioner of Income-tax, V. Mangalmurti Developers, Kolhapur

ITA 1168/PUN/2016

• Counselvise Citation: [2018] 124 COUNSELVISE.COM (IT) 9710 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 3 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-09-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 25-09-2018
• Assessment Year: 2011-2012
• Appeal Filed On: 31-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SABANA PARVEEN
• Keywords: Tax effect
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A , PUNE , , BEFORE MS. SUSHMA CHOWLA, JM AND SHRI ANIL CHATURVEDI, AM . / ITA NO. 1 168 /P U N/201 6 / ASSESSMENT YEAR : 20 11 - 12 THE ASST. COMMISSIONER OF INCOME TAX, ICHALKARANJI CIRCLE, ICHALKARANJI . / APPELLANT VS. MANGALMURTI DEVELOPERS, 14/30, HULGESHWARI ROAD, A/P ICHALKARANJI, DIST. KOLHA PUR . / RESPONDENT PAN: AANFM9728L / APPELLANT BY : MS. SABANA PARVEEN / RESPONDENT BY : NONE / DATE OF HEARING : 25 . 0 9 .201 8 / DATE OF PRONOUNCEMENT: 2 5 . 0 9 .201 8 / ORDER PER SUSHMA CHOWLA, J M : THE APPEAL FILED BY REVENUE IS AGAINST ORDER OF CIT (A) - 2 , KOLHAPUR , DATED 11 .0 3 .2016 RELATING TO ASSESSMENT YEAR 20 11 - 12 AGAINST ORDER PASSED UNDER SECTION 143(3) OF THE INCOME - TAX ACT , 1961 (IN SHORT THE ACT) . ITA NO. 1 168 / P U N/20 1 6 MANGALMURTI DEVELOPERS 2 2. THE PERUSAL OF RECORDS SHOW THAT THE ISSUE RAISED IN THE APPEAL FILED BY REVENUE IS AGAINST DELETION OF PENALTY UNDER SECTION 271(1)(C) OF THE ACT AT 11,13,615/ - . 3. DESPITE SERVICE OF NOTICE, NONE APPEARED ON BEHALF OF ASSESSEE NOR ANY APPL ICATION FOR ADJOURNMENT WAS MOVED. WE PROCEED TO DECIDE THE PRESENT APPEAL BECAUSE OF LOW TAX EFFECT AND ALSO BECAUSE THE ISSUE ON MERITS HAS BEEN DECIDED IN FAVOUR OF ASSESSEE. 4. ON PERUSAL OF RECORD AND AFTER HEARING THE LEARNED DEPARTMENTAL REPRESENT ATIVE FOR THE REVENUE, IT TRANSPIRES THAT TAX EFFECT IN THE PRESENT APPEAL AGAINST DELETION OF PENALTY LEVIED UNDER SECTION 271(1)(C) OF THE ACT IS LESS THAN THE LIMIT PRESCRIBED BY THE CBDT VIDE CIRCULAR NO.3/2018 , DATED 11 . 07 . 2018 . HENCE, THE APPEAL OF REVENUE IS NOT MAINTAINABLE. IN ANY CASE, THE ISSUE RAISED ON MERITS HAS BEEN DECIDED BY THE TRIBUNAL IN ASSESSEES FAVOUR IN ITA NO.1220/PUN/2015, RELATING TO ASSESSMENT YEAR 2011 - 12, ORDER DATED 25.01.2018. CONSEQUENT THERETO, THE BASIS FOR LEVY OF PEN ALTY IS ALSO ABSENT. HENCE, WE DISMISS THE APPEAL FILED BY REVENUE. 05 . IN THE RESULT, APPEAL OF REVENUE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON THIS 25 TH DAY OF SEPTEMBER , 201 8 . SD/ - SD/ - (ANIL CHATURVEDI) (SUSHMA CHOWLA ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE ; DATED : 2 5 TH SEPTEMBER , 201 8 . GCVSR ITA NO. 1 168 / P U N/20 1 6 MANGALMURTI DEVELOPERS 3 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT ; 2. / THE RESPONDENT; 3. ( ) / THE CIT(A) - 2 , KOLHAPUR ; 4. THE CIT - II, KOLHAPUR ; 5. 6. , , / DR A , ITAT, PUNE ; / GUARD FILE . / BY ORDER , // TRUE COPY // / SR. PRIVATE SECRETARY , / ITAT, PUNE