DCIT 14(3), MUMBAI V. LATE MANSINGHBAID THROUGH L/H TEJ SINGH BAID, MUMBAI

ITA 1570/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 0981 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-07-2010
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 13-05-2010
• Assessment Year: 2003-2004
• Appeal Filed On: 06-03-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: HARIGOVIND SINGH
• Assessee Lawyers: D C JAIN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH B, MUMBAI BEFORE SHRI J. SUDHAKAR REDDY, AM AND SHRI V.DURG A RAO, JM I.T.A.NO.1570/MUM/2009 ASSESSMENT YEAR : 2003-04 THE DY.COMMISSIONER OF INCOME-TAX- 14(3), EARNEST HOUSE, 6 TH FLOOR, NARIMAN POINT, MUMBAI 400 021. CENTRAL CIRCLE-9, MUMBAI. VS. LATE MANSINGH BAID, THROUGH L/H TEJ SINGH BAID, HANUT NIWAS, DADABHAI CROSS ROAD NO.2, ANDHERI (W), MUMBAI 400 058. PAN: AAAPB 9794 Q (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI HARI GOVIND SINGH RESPONDENT BY : SHRI D.C. JAIN O R D E R PER J. SUDHAKAR REDDY, AM: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-XV, MUMBAI, DA TED 23.12.2008, FOR THE ASSESSMENT YEAR 2003-04, WHEREIN THE PENALTY LEVIED UNDER SECTION 271(1)(C) OF THE ACT, HAS BEEN CANCELLED. 2. AFTER HEARING THE RIVAL CONTENTIONS, WE FIND THAT T HE MUMBAI BENCH B OF THE TRIBUNAL IN THE ASSESSEES OWN CASE FOR THE ASSESSM ENT YEAR 2003-04 IN ITA NO. 717/M/2007, VIDE ORDER DATED 29.05.2009 AT PARA 17 (PAGES 8-9) IN THE QUANTUM PROCEEDINGS HAD RESTORED THE QUANTUM TO THE FILE OF THE ASSESSING OFFICER FOR DE NOVO ASSESSMENT. THUS, WE SET ASIDE THIS APPEAL TO THE FILE OF THE ASSESSING OFFICER. THE ASSESSING OFFICER, IF HE DEEMS FIT AND IF IT IS IN ACCORDANCE WITH LAW, MAY CHOOSE TO INITIATE PENALTY PROCEEDINGS AFTER COMPLETION OF SE T ASIDE ASSESSMENT. 3. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS A LLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 2 9 TH DAY OF JULY, 2010. SD. SD. (V.DURGA RAO) (J. SUDHAKAR REDD Y) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI DATED THE 29 TH JULY, 2010. I.T.A.NO.1570/MUM/2009 LATE MANSINGH BAID THROUGH L/H TEJ SINGH BAID 2 KN COPY TO: 1. THE ASSESSEE 2. THE DCIT -14(3) MUMBAI 3. THE CIT, CITY -14, MUMBAI 4. THE CIT(A)-XV, MUMBAI 5. THE DR B BENCH, MUMBAI BY ORDER /TRUE COPY/ ASST. REGISTRAR, ITAT, MUMBAI