M/s. Mainadevi Saklecha Developers, Jalna V. ITO, Ward 1(3), Jalna

ITA 1608/PUN/2013

• Counselvise Citation: 160824514 RSA 2013
• Duration Of Justice: 3 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-12-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2004-2005
• Appeal Filed On: 23-08-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S P WALIMBE
• Assessee Lawyers: V L JAIN
• Keywords: Application of stay
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B , PUNE BEFORE: SHRI G. S. PANNU, ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR, JUDICIAL MEMBER ITA NO S . 1606, 1607, 1608 & 1661 / P N/ 20 1 3 ASSESSMENT YEAR S : 200 2 - 3, 2003 - 04, 2004 - 05 & 2006 - 07 M/S. MAINADEVI SAKLECHA DEVELOPERS, SAKLECHA BHAWAN, DURGAMATA ROAD, JALNA VS. INCOME TAX OFFICER, WARD - 1(3), JALNA (APPELLANT) (RESPONDENT) PAN NO. AAJFM7176N SA NO. 203/PN/2013 (ARISING OUT OF ITA NO S . 1606, 1607, 1608 & 1661 /PN/20 1 3) ASSESSMENT YEAR S : 2002 - 3, 2003 - 04, 2004 - 05 & 2006 - 07 M/S. MAINADEVI SAKLECHA DEVELOPERS, SAKLECHA BHAWAN, DURGAMATA ROAD, JALNA VS. INCOME TAX OFFICER, WARD - 1(3), JALNA (APPELLANT) (RESPONDENT) PAN NO. AAJFM7176N APPELLANT BY: SHRI V.L. JAIN RESPONDENT BY: SHRI S.P. WALIMBE DATE OF HEARING : 20 - 12 - 2013 DATE OF PRONOUNCEMENT : 20 - 12 - 2013 ORDER P ER G .S. PA NNU , A M : - TH ESE FOUR CAPTIONED APPEALS ARE PREFERRED BY THE ASSESSEE INVOLVING A COMMON ISSUE REGARDING LEVY OF PENALTY U/S. 271( 1)(C) OF THE ACT FOR A.YS. 2002 - 03, 2003 - 04, 2004 - 05 AND 2006 - 07. 2. AT THE OUTSET IT MAY BE STATED THAT WHEN THE STAY APPLICATIONS OF THE ASSESSEE WERE CALLED FOR HEARING, BOTH THE PARTIES CONSENTED THAT THE RESPECTIVE APPEALS OF THE ASSESSEE CAN BE DISP OSED OFF FOR THE REASONS NARRATED HERE - IN - AFTER. 3 . IN RESPECT OF ALL THE APPEALS, IT WAS A COMMON GROUND BETWEEN THE PARTIES THAT THE SOLITARY COMMON ISSUE WHICH HAS L EAD THE ASSESSING 2 ITA NOS. 1606, 1607, 1608 & 1661 AND SA NO. 203/PN/2013, M/S. MAINADEVI SAKLECHA DEVELOPERS, JALNA OFFICER TO IMPOSE PENALTY U/S. 271(1)(C) OF THE ACT RELATES TO ASSESS EES CLAIM OF DEDUCTION U/S. 80IB(10) OF THE ACT, WHICH WAS DENIED IN THE COURSE OF RESPECTIVE ASSESSMENT PROCEEDINGS. FURTHER IT WAS A COMMON POINT THAT THE CORRESPONDING ASSESSMENTS WERE A SUBJECT MATTER OF CONSIDERATION OF THE TRIBUNAL VIDE ITA NOS. 34 4 TO 347/PN/2011 AND THE TRIBUNAL VIDE ITS ORDER DATED 27 - 11 - 2013 HAS SET ASIDE THE ISSUE RELATING TO THE DENIAL OF DEDUCTION U/S. 80IB(10) OF THE ACT BACK TO THE FILE OF ASSESSING OFFICER FOR ADJUDICATION AFRESH. AS A CONSEQUENCE THE BASIS ON WHICH THE I MPUGNED PENALTIES HAVE BEEN LEVIED BY THE ASSESSING OFFICER NO LONGER SURVIVE AND THE MATTER IS LYING RESTORED TO THE FILE OF THE ASSESSING OFFICER FOR DETERMINATION AFRESH. 4 . IN VIEW OF THE AFORESAID UNDISPUTED CONVERGENT STAND OF BOTH THE PARTIES, THE IMPUGNED PENALTIES DO NOT SURVIVE . ACCORDINGLY THE ISSUE RELATING TO LEVY OF PENALTY U/S. 271(1)(C) OF THE ACT IS RESTORED BACK TO THE FILE OF THE ASSESSING OFFICER WHO SHALL APPROPRIATELY CONSIDERED IT AFTER PASSING ORDERS ON QUANTUM PROCEEDINGS AS PER T HE DIRECTIONS OF THE TRIBUNAL ORDER DATED 27 - 11 - 2013. 5 . IN THE RESULT , THE CAPTIONED APPEALS OF THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES AND STAY APPLICATIONS ARE INFRUCTUOUS AND ARE DISMISSED. ABOVE DECISION WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENT OF BOTH THE PARTIES AT THE CONCLUSION OF THE HEARING ON 20 - 12 - 2013. SD/ - SD/ - (R.S. PADVEKAR) (G.S. PANNU) JUDICIAL MEMBER ACCOUNTANT MEMBER RK /PS PUNE , DATED : 20 TH DECEMBER, 20 1 3 3 ITA NOS. 1606, 1607, 1608 & 1661 AND SA NO. 203/PN/2013, M/S. MAINADEVI SAKLECHA DEVELOPERS, JALNA COPY TO 1 ASSESSEE 2 DEPARTMENT 3 THE CIT(A) , AURANGABAD 4 THE CIT, AURANGABAD 5 THE DR, ITAT, B BENCH, PUNE . 6 GUARD FILE. //TRUE COPY// BY ORDER PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL P UNE