YASH RAJ FILMS P.LTD, MUMBAI V. ITO 15(2)(2), MUMBAI

ITA 1406/MUM/2011

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 5099 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 9 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-11-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 20-11-2013
• Assessment Year: 2006-2007
• Appeal Filed On: 17-02-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GIRIJA DAYAL
• Assessee Lawyers: R P SHAH; D J THAKKAR

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL E , BENCH MUMBAI , BEFORE SHRI D.KARUNAKARA RAO , A M & SHRI SANJAY GARG , J M IT A NO. 1406 /MUM/201 1 ( ASSESSMENT YEAR :200 6 - 200 7 ) M/S YASH RAJ FILMS PRIVATE LIMITED, 5 SHAH INDUSTRIAL ESTATE, VEERA DESAI ROAD, ANDHERI (WEST), MUMBAI - 400 053 VS. CIT(A) - 40, MUMBAI PAN/GIR NO. : A AAC Y 1176 E ( APPELLANT ) .. ( RESPONDENT ) /ASSESSEE BY : MR. D.J.THAKKAR & MR. R.P.SHAH /REVENUE BY : MR . GIRIJA DAYAL DATE OF HEARING : 20 TH NOVEMBER , 201 3 DATE OF PRONOUNCEMENT : 20 TH NOVEMBER,2013 O R D E R PER D.KARUNAKARA RAO ( A .M.) : TH IS APPEAL HAS BEEN PREFERRED BY THE ASSESSEE AGAINST THE ORDER DATED 30 - 11 - 2010 , PASSED BY THE LEARNED CIT(A) - 40 , MUMBAI FOR THE ASSESSMENT YE AR 200 6 - 200 7 . 2 . AT THE OUTSET, LEARNED COUNSEL FOR THE ASSESSEE FILED A COPY OF THE ORDER OF THE TRIBUNAL IN QUANTUM APPEALS, WHEREIN THE RELEVANT ADDITIONS ARE EITHER DELETED OR SET ASIDE TO THE FILES OF THE AO. IN FACT, AS PER THE COUNSEL, THERE IS NO ADDITION SURVIVE D AT THE END OF THE ITA NO. 1406 /20 1 1 2 PROCEEDINGS BEFORE THE TRIBUNAL. PARTICULARS OF THE ORDER OF THE TRIBUNAL ON THE QUANTUM OF APPEALS ARE ITA NO.3635/M/2010 FOR THE ASSESSMENT YEAR 2006 - 07, DECIDED VIDE ORDER DATED 5 - 4 - 2013. IN THIS REGARD, LEARNED COUNS EL TOOK US THROUGH FILING A CHART SHOWING THE PENALTY LEVIED IN RESPECT OF THE ADDITION ON THE RELEVANT PARAGRAPHS OF THE ORDER OF THE CIT(A) IN THE ORDER OF THE TRIBUNAL. T HE A DDITIONS MADE BY THE AO INCLUDE RS. 14.93 CRORES, RS. 1.3 9 CRORES, RS. 35.13 LAKHS , 137.5 7 LAKHS AND 2.3 CRORES. HE TOOK US THROUGH EVERY RELEVANT PARAGRAPH ON THE ORDER OF THE TRIBUNAL AND DEMONSTRATE D THAT NO ADDITIONS MADE BY THE AO SURVIVE D IN VIEW OF THE ORDER OF THE TRIBUNAL (SUPRA). 3 . ON THE OTHER HAND, LEARNED DR FOR THE REVENU E RELIED UPON THE ORDER OF THE AO. 4 . WE HEARD BOTH THE PARTIES AND PERUSED THE ORDERS AUTHORITIES BELOW AS WELL AS ORDER OF THE TRIBUNAL DATED 5 - 4 - 2013 . WE FOUND THAT THE ADDITIONS MENTIONED ABOVE, ARE EITHER DELETED OR ALLOWED FOR STATISTICAL PURPOSES. AS A RESULT, NO ADDITION IS FOUND SURVIVING. CONSEQUENTLY, WE ARE OF THE OPINION THAT THE PENALTY LEVIED BY THE AO AND SUSTAINED BY THE CIT(A), DO ES NOT STAND. ACCORDINGLY, THE GROUNDS RAISED BY THE ASSESSEE ARE ALLOWED. 5 . IN THE RESULT, APPEAL OF THE AS S ESSEE IS ALLOWED . ITA NO. 1406 /20 1 1 3 ORDER PRONOUNCED IN THE OPEN COURT ON THIS 20 TH DAY OF NOV. 201 3 . 20 TH 201 3 SD/ - SD/ - ( ) ( SANJAY GARG ) ( ) ( D.KARUNAKARA RAO ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED : 20/11/ 2013 /PKM , PS COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / THE CIT(A) - X, MUMBAI. 4. / CIT 5. / DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// / BY ORDER, ( ASSTT. REGISTRAR) / ITAT, MUMBAI