The ITO, Ward 4(1), Ahmedabad V. Gujarat State Investments Ltd., Ahmedabad

ITA 1231/AHD/2010

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 62976 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 5 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-10-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2004-2005
• Appeal Filed On: 20-04-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: T SHANKAR
• Assessee Lawyers: M G PATEL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, D BENCH, AHMEDABAD BEFORE SHRI A. K. GARODIA, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER I.T.A. NO. 1231/ AHD/2010 (ASSESSMENT YEAR 2004-05) ITO, WARD 4(1), AHMEDABAD VS. M/S. GUJARAT STATE INVESTMENT LTD., 6 TH FLOOR, H K HOUSE, ASHRAM ROAD, AHMEDABAD PAN/GIR NO. : AABCG4649M (APPELLANT) .. (RESPONDENT) APPELLANT BY: SHRI T SHANKAR, SR. DR RESPONDENT BY: SHRI M G PATEL, AR DATE OF HEARING: 31.08.2012 DATE OF PRONOUNCEMENT: 05.10.2012 O R D E R PER SHRI A. K. GARODIA, AM:- THIS IS REVENUES APPEAL DIRECTED AGAINST THE ORDE R OF LD. CIT(A) - VIII, AHMEDABAD DATED 21.01.2010 FOR THE ASSESSMENT YEAR 2004-05. 2. THE GROUNDS RAISED BY THE REVENUE ARE SIX BUT TH E ONLY GRIEVANCE OF THE REVENUE IS REGARDING DELETION OF PENALTY IMPOSE D BY THE A.O. OF RS.6,26,048/- U/S 271(1)(C) OF THE INCOME TAX ACT, 1961. 3. AT THE VERY OUTSET, IT WAS SUBMITTED BY THE LD. A.R. THAT IN QUANTUM PROCEEDINGS, THE ISSUE HAS BEEN RESTORED BA CK BY THE TRIBUNAL TO THE FILE OF THE A.O. FOR AFRESH DECISION. HE SUBMI TTED THAT THE TRIBUNAL ORDER IN QUANTUM PROCEEDINGS IN I.T.A.NO. 231/AHD./ 2008 DATED 30.11.2010 IS AVAILABLE ON PAGES 19-21 OF THE PAPER BOOK. IT WAS ALSO SUBMITTED THAT SINCE QUANTUM ADDITION IS SET ASIDE, PRESENT PENALTY CANNOT SURVIVE. LD. D.R. SUPPORTED THE ORDERS OF AUTHORIT IES BELOW. I.T.A.NO. /AHD/200 2 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS, PERUSE D THE MATERIAL ON RECORD AND HAVE GONE THROUGH THE ORDERS OF AUTHORIT IES BELOW. WE FIND THAT AS PER THE TRIBUNAL ORDER IN QUANTUM PROCEEDIN GS, THE MATTER OF THIS ADDITION IN DISPUTE WAS SET ASIDE BY THE TRIBUNAL A ND IT WAS RESTORED TO THE FILE OF THE A.O. FOR A FRESH DECISION. UNDER THESE FACTS, PRESENT PENALTY CANNOT SURVIVE. HOWEVER, THE A.O. IS AT LIBERTY TO LEVY PENALTY AFRESH AS PER LAW IF HE THINKS SO AND IF ADDITION IS MADE AGA IN IN THE SET ASIDE PROCEEDINGS. WITH THESE OBSERVATIONS, WE DECLINE T O INTERFERE IN THE ORDER OF LD. CIT(A). 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. 6. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE M ENTIONED HEREINABOVE. SD./- SD./- (KUL BHARAT) (A. K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER SP COPY OF THE ORDER FORWARDED TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE LD. CIT (APPEALS) 5. THE DR, AHMEDABAD BY ORDER 6. THE GUARD FILE AR,ITAT,AHMEDABAD 1. DATE OF DICTATION 19/09/2012 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 25/09/2012.OTHER MEMBER 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P .S./P.S. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 05/10/12 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S./P.S.9/10/12 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 09/1 0/2012 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK .. 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER . 9. DATE OF DESPATCH OF THE ORDER. .