ITO WD 18(2)(3), MUMBAI V. M/S KIRAN INDUSTRIES, MUMBAI

ITA 1181/MUM/2006

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 48468 (ITAT-MUMBAI)
• Duration Of Justice: 5 year(s) 1 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-04-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Next Hearing Date: 30-12-2010
• Assessment Year: 1998-1999
• Appeal Filed On: 16-02-2006
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S K SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI I BENCH BEFORE SHRI T.R.SOOD, ACCOUNTANT MEMBER & SHRI VIJAY PAL RAO, JUDICIAL MEMBER I.T.A.NO.1181/MUM/2006 A.Y 1998-99 THE INCOME TAX OFFICER, WARD 18(2)(3), MUMBAI. VS. M/S KIRAN INDUSTRIES, 246A, INDL. ESTATE, FERGUSON ROAD, LOWER PAREL, MUMBAI 400 013, GIR NO.ITO/WARD-9(3)/998-K (APPELLANT) (RESPONDENT) APPELLANT BY : MS.MRUGAKSHI JOSHI. RESPONDENT BY : MR. S.K.SINGH. O R D E R PER T.R.SOOD, AM: THROUGH THIS APPEAL REVENUE HAS CHALLENGED THE DELE TION OF PENALTY AMOUNTING TO RS.2,92,320/- U/S.271[1][C]. 2. AT THE OUTSET THE LD.COUNSEL OF THE ASSESSEE FIL ED A COPY OF THE ORDER OF THE TRIBUNAL IN ASSESSEES OWN CASE FOR TH E A.Y 1998-99 WHEREIN THE QUANTUM ADDITION MADE BY THE ASSESSING OFFICER HAS BEEN DELETED. HE SUBMITTED THAT IN VIEW OF THIS ORDER, P ENALTY WOULD NOT SURVIVE. ON THE OTHER HAND LD.DR, RELIED ON THE ORD ER OF THE ASSESSING OFFICER. 3. AFTER CONSIDERING THE RIVAL SUBMISSIONS, WE FIND THAT ADDITION ON THE BASIS OF WHICH HAS BEEN LEVIED HAS ALREADY BEEN DELETED BY THE 2 TRIBUNAL IN I.T.A.NO.1360/MUM/2004, THEREFORE, PENA LTY WOULD NOT SURVIVE. ACCORDINGLY, WE CONFIRM THE ORDER OF THE L D. CIT(A). 4. IN THE RESULT, REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY OF 8 /4/2011. SD/- SD/- (VIJAY PAL RAO) (T.R.SOOD) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI: 8/4/2011. P/-*