M/s. SPORTINA EXIM P. LTD., MUMBAI V. ITO - 10(1)(3), MUMBAI

ITA 1367/MUM/2007

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 48849 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 3 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-05-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 19-05-2011
• Assessment Year: 1998-1999
• Appeal Filed On: 12-02-2007
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: VANDANA SAGAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, E BENCH, MUMBAI. BEFORE SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER AND SHRI V.DURGA RAO, JUDICIAL MEMBER I.T.A NO.1367/ MUM/2007 ASSESSMENT YEAR: 1998-99 SPORTINA EXIM P LTD. .. APPELLANT A-4, VINAY BHAVYA COMPLEX, 159, CST ROAD, KALINA, SANTACRUZ(E), MUMBAI PA NO.AAACS 0666 B VS INCOME TAX OFFICER 10(1)(3) ,. RESPONDEN T AAYAKAR BHAVAN, M.K. ROAD, MUMBAI. APPEARANCES: A.K.GHOSH, FOR THE APPELLANT VANDANA SAGAR, FOR THE RESPONDENT O R D E R PER PRAMOD KUMAR: 1. THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER DATED 27.12.2006 OF THE CIT(A), IN THE MATTER OF PENALTY UNDER SECTION 271( 1)(C) OF THE INCOME TAX ACT, 1961 RELATING TO THE ASSESSMENT YEAR 1998-99. 2. AT THE TIME OF HEARING, LEARNED COUNSEL FOR THE ASSESSEE PRODUCED A COPY OF ITAT ORDER DATED 2.6.2009 IN ITA NO.3493/M/2004 FOR THE ASSESSMENT YEAR 1998- 99 IN QUANTUM APPEAL IN THE CASE OF THE ASSESSEE, W HEREIN, THE ADDITION OF ` .6,80,000 OUT OF COMMISSION PAID TO M/S. MONEYTERRY SALES PVT LTD., CALCUTTA HAS BEEN DELETED. I.T.A NO.1367/ MUM/2007 SPORTINA EXIM P LTD 2 HE SUBMITTED THAT AS THE VERY BASIS OF ADDITION REGAR DING LEVY OF PENALTY HAS BEEN DELETED BY THE TRIBUNAL, THE PENALTY HAS TO BE CANCELLED. LEARNED D.R. COULD NOT CONTROVERT THE AFORESAID SUBMISSIONS OF LEARNED COUNSEL FOR THE AS SESSEE. 3. HAVING HEARD THE RIVAL CONTENTIONS AND HAVING PE RUSED THE ORDER OF THE TRIBUNAL DATED 2.6.2009 IN QUANTUM APPEAL OF THE ASSESSEE (S UPRA), WE FIND THE ADDITION IN QUANTUM APPEAL, WHICH WAS THE VERY BASIS OF LEVYING THE PENALTY, HAS BEEN DELETED BY THE TRIBUNAL. THEREFORE, THE PENALTY ORDER OF ASSESSIN G OFFICER HAS NO LEGS TO STAND. IN VIEW OF THIS, WE UPHOLD THE GRIEVANCE OF THE ASSESSEE AN D DIRECT THE ASSESSING OFFICER TO DELETE THE PENALTY. 4. IN THE RESULT, APPEAL FILED BY THE ASSESSE E IS ALLOWED. PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARI NG I.E. ON 19TH MAY 2011. SD/- (V. DURGA RAO) JUDICIAL MEMBER SD/- (PRAMOD KUMAR) (ACCOUNTANT MEMBER) MUMBAI, DATED 20 TH MAY, 2011 PARIDA COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX (APPEALS),X, MUMBAI 4. COMMISSIONER OF INCOME TAX, MC-X , MUMBAI 5. DEPARTMENTAL REPRESENTATIVE, BENCH E, MUMBAI //TRUE COPY// BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI