DR HUSEINA DAWOODI, MUMBAI V. ITO 16(2)(4),

ITA 1570/MUM/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3310 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 2 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-06-2016
• Appeal Filed By: Assessee
• Bench Allotted: H
• Next Hearing Date: 24-02-2016
• Assessment Year: 2001-2002
• Appeal Filed On: 06-03-2014
• Court: TRIBUNAL
• Department Lawyers: RANADHIR GUPTA
• Assessee Lawyers: MUKARRAM SADIK O T

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH, MUMBAI BEFORE S/SHRI B.R. BASKARAN (AM) & C.N. PRASAD (JM) I.T.A. NO. 1570 /MUM/ 2014 (ASSESSMENT YEAR 2001 - 02 ) DR. MRS. HUSEINA FAKHRUDDIN DAVOODI 324, MAGBA APARTMENTS WADIA COMPOUND GRANT ROAD MUMBAI - 40 0 007. VS. ITO 16(2)(4) MUMBAI ( APPELLANT ) ( RESPONDENT ) PAN NO . AAHPD2590F ASSESSEE BY SHRI MUKARRAM SADIK O T DEPARTMENT BY SHRI RANADHIR GUPTA DATE OF HEARING 0 1.6 . 201 6 DATE OF PRONOUNCEMENT 01 . 6 . 201 6 O R D E R PER B.R. BASKARAN, A M : - THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 6.11.2013 PASSED BY LEARNED CIT(A) - 27, MUMBAI CONFIRMING THE PENALTY OF ` 6.01 LAKHS LEVIED BY THE ASSESSING OFFICER U/S. 271(1)(C) OF THE ACT. 2. LEARNED COUNSEL APPEARING FOR THE ASSESSEE SUBMITTED THAT THE ASSESSING OFFICER HAS LEVIED PENALTY ON THE ADDITION OF ` 18 LAKHS RELATING TO UNEX PLAINED EXPENDITURE. THE LEARNED COUNSEL SUBMITTED THAT THE ASSESSEE HAS CHALLENGED THE ADDITION IN THE QUANTUM PROCEEDINGS BEFORE LEARNED CI T(A) AS WELL AS ITAT AND THE TRIBUNAL, VIDE ITS ORDER DATED 16.3.2016 PASSED IN ITA NO. 3145/MUM/2014 H AS DELETED THE ADDITION. ACCORDINGLY HE SUBMITTED THAT THE IMPUGNED PENALTY IS ALSO LIABLE TO BE DELETED. 3. LEARNED DEPARTMENTAL REPRESENTATIVE ACCEPTE D THE FACTUAL ASPECT S PRESENT ED BY LEARNED AR. DR. MRS. HUSEINA FAKHRUDDIN DAVOODI 2 4. HAVING HEARD THE RIVAL SUBMISSIONS, WE NOTICE THAT THE IMPUGNED PENALTY IS LIABLE TO BE DELETED , SINCE THE ADDITION ON WHICH THE PENALTY WAS LEVIED HAS ALREADY BEEN DELETED BY LEARNED CIT(A). ACCORDINGL Y WE SET ASIDE THE ORDER OF LEARNED CIT(A) AND DIRECT THE ASSESSING OFFICER TO DELETE THE PENALTY LEVIED U/S. 271(1)(C) OF THE ACT. 5. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS ALLOWED. ORDER HAS BEEN PRONOU NCED IN THE OPEN COURT ON 01. 6 .2016 . SD/ - SD/ - (C.N. PRASAD ) (B.R.BASKARAN ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 01 / 6/ 20 1 6 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 PS