RAPAR TRADING P. LTD, MUMBAI V. ITO 8(1)(1), MUMBAI

ITA 1425/MUM/2017

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 9526 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-09-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2010-2011
• Appeal Filed On: 01-03-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAM TIWARI
• Section: 142(1)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H, MUMBAI BEFORE SHRI G.S.PANNU, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER ITA NO. 1425/MUM/2017 (ASSESSMENT YEAR 2010-11) RAPAR TRADING PRIVATE LIMITED, 68/70, ROOM NO.1,DARJIWALA BLDG., V.V.CHANDAN, VADGADI, MUMBAI 400 018 PAN:AADCR 4677E ...... APPELLANT VS. THE ITO 8(1)(1), AAYKAR BHAVAN,M.K.ROAD, MUMBAI 400 020 .... RESPONDENT APPELLANT BY : NONE RESPONDENT BY : SHRI RAM TIWARI DATE OF HEARING : 24/08/2017 DATE OF PRONOUNCEMENT : 15/09/2017 ORDER PER G.S.PANNU,A.M: THE CAPTIONED APPEAL FILED BY THE ASSESSEE PERTA INING TO ASSESSMENT YEAR 2012-13 IS DIRECTED AGAINST AN ORD ER PASSED BY CIT(A)- 14 MUMBAI DATED 23/01/2017, WHICH IN TURN ARISES OU T OF AN ORDER PASSED BY THE ASSESSING OFFICER UNDER SECTION 271 (1)(B) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) DATED 04/12/2015 . 2. AT THE TIME OF HEARING, IT WAS NOTED THAT NONE APPEARED ON BEHALF OF THE ASSESSEE NOR HAS ANY APPLICATION FOR ADJOURNMENT PLACED 2 ITA NO. 1425/MUM/2017 (ASSESSMENT YEAR 2010-11) BEFORE US INSPITE OF NOTICE OF HEARING BEING SERV ED UPON THE ASSESSEE. THEREFORE, WE PROCEED TO DISPOSE-OFF THE APPEAL EX- PARTE QUA THE APPELLANT AFTER HEARING THE LD. DEPARTMENTAL REPRES ENTATIVE ON MERITS IN TERMS OF RULE -24 OF INCOME TAX (APPELLATE TRIBU NAL) RULES, 1963. 3. THE ONLY ISSUE IN THIS APPEAL IS PENALTY OF RS. 10,000/- IMPOSED UNDER SECTION 271(1)(B) OF THE ACT FOR NON-COMPLIAN CE OF NOTICE ISSUED UNDER SECTION 142(1) BY THE ASSESSING OFFICER. T HE PENALTY ORDER PASSED BY THE ASSESSING OFFICER AS WELL AS THE ORDE R OF THE CIT(A) REVEAL THAT NO REASONS HAVE BEEN PUT-FORTH BY THE ASSESS EE FOR NON- APPEARANCE/NON-COMPLIANCE OF THE NOTICE ISSUED BY T HE ASSESSING OFFICER. EVEN BEFORE US, THERE IS NO REASON CANVAS SED FOR THE NON- COMPLIANCE, THEREFORE, THE LEVY OF PENALTY IS UPHEL D. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMI SSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15/09/201 7. SD/- SD/- (PAWAN SINGH) (G.S. PANNU) JUDICIAL MEMBER ACCOCUNTANT MEMBER MUMBAI, DATED 15/09/2017 VM , SR. PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT , 2. THE RESPONDENT. 3. THE CIT(A)- 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI