Shree Rama Multi-Tech Ltd., Ahmedabad V. The DCIT Circle-4(1)(1), Ahmedabad

ITA 1456/AHD/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 0275 (ITAT-AHMEDABAD)
• Duration Of Justice: 9 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-06-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2002-2003
• Appeal Filed On: 20-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LALIT P JAIN SR DR
• Assessee Lawyers: S N SOPARKAR
• Section: 271(1)(c)

Judgement Text

, C- IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH C [CONDUCTED THROUGH VIRTUAL COURT] BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER . ITA NOS. 1456, 1457 & 1458/AHD/2019 / ASSTT. YEARS: 2002-03, 2003-04 & 2004-05 SHREE RAMA MULTI-TECH LTD. 603, SHIKHAR BLDG, NR. VADILAL HOUSE, NAVRANGPURA, AHMEDABAD PAN NO. AAJCS1563N VS. DCIT CIRCLE-4(1)(1), AHMEDABAD / (APPELLANT) ! / (RESPONDENT) ASSESSEE BY : SHRI S. N. SOPARKAR, AR REVENUE BY : SHRI LALIT P. JAIN, SR DR # $% &/ DATE OF HEARING : 04/06/2020 '( % &/ DATE OF PRONOUNCEMENT: 22/06/2020 )*/ O R D E R PER BENCH : THE BUNCH OF APPEALS FILED BY THE ASSESSEE ARE DIRE CTED AGAINST THE COMMON ORDER DATED 24.07.2019 PASSED BY THE COMMISSIONER O F INCOME TAX (APPEALS) - 8, AHMEDABAD ARISING OUT OF THE PENALTY ORDERS ALL DAT ED 28.03.2016 PASSED BY THE DCIT, CIRCLE-4(1)(1) UNDER SECTION 271(1)(C) OF THE INCOM E TAX ACT, 1961 (HEREINAFTER REFERRED AS TO THE ACT) FOR THE ASSESSMENT YEARS (A.YS.) 2002-03, 2003-04 & 2004- 05 RESPECTIVELY. SINCE ALL THE APPEALS RELATING TO THE SAME ASSESSEE AND THE ISSUES ARE IDENTICAL, THESE ARE HEARD ANALOGOUSLY AND ARE BEIN G DISPOSED OF BY A COMMON JUDGMENT. 2. AT THE TIME OF HEARING OF THE INSTANT APPEALS TH E LD. SENIOR COUNSEL SUBMITTED BEFORE US THAT THE QUANTUM APPEAL BEING ITA NO. 114 0, 1342 TO 1344/AHD/2015 IN RELATION TO THESE PENALTY APPEALS WERE ALREADY BEEN ALLOWED BY AND UNDER THE COMMON ITA NOS. 1456, 1457 & 1458/AHD/2019 A.YS. 2002-03, 2003-04 & 2004-05 2 ORDER DATED 25.11.2019 PASSED BY THE CO-ORDINATE BE NCH. HENCE, THE PENALTY ORDERS ARISING OUT OF THOSE ASSESSMENT PROCEEDINGS HAVE NO LEGS TO STAND UPON AND ARE LIABLE TO BE SET-ASIDE. 3. THE LD. DR, WITH ALL HIS FAIRNESS HAS NOT RAISED SERIOUS OBJECTION TO SUCH CONTENTION MADE BY THE LD. AR. 4. TAKING INTO CONSIDERATION THE ENTIRE ASPECTS OF THE MATTER WE FIND THAT SINCE THE QUANTUM APPEALS HAVE ALREADY BEEN ALLOWED, THE PENA LTY PROCEEDINGS INITIATED AGAINST THE ASSESSEE CULMINATING INTO THE ORDERS OF PENALTY HAVE LOST ITS FORCE AND PENALTY PROCEEDING IS, THEREFORE, LIABLE TO BE QUASHED. HE NCE, THE PENALTY PROCEEDINGS ARE HEREBY QUASHED. 5. IN THE RESULT, ASSESSEES APPEALS ARE ALLOWED. [ORDER PRONOUNCED IN THE COURT ON 22.06.20 20] SD/- SD/- ( PRADIP KUMAR KEDIA ) ( MADHUMITA ROY ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 22/06/2020 TANMAY, SR. PS TRUE COPY )*% +,-), / COPY OF THE ORDER FORWARDED TO : )* # / BY ORDER ./ / (DY./ASSTT. REGISTRAR) , / ITAT, AHMEDABAD 1. / THE APPELLANT 2. 1 / THE RESPONDENT. 3. # 2 / CONCERNED CIT 4. # 2 ( ) / THE CIT(A) 5. ,56 , / DR, ITAT, 6. 678$ / GUARD FILE.