ACIT, Circle-40, Kolkata, Kolkata V. M/s West Bengal State Consumers Co-Operative Federation Limited, Kolkata

ITA 1641/KOL/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 1773 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 5 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-01-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2011-2012
• Appeal Filed On: 16-08-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

7 ITA NO.1641/KOL/2016 & CO 54/KOL.2016 W.B. STATE CONSUMER COOP. FEDERATION LTD., AYS- 201 1-12 ACCEPTED. WE THEREFORE HOLD THAT IMPOSITION OF PENA LTY IN THE PRESENT CASE CANNOT BE SUSTAINED AND THE SAME IS DIRECTED TO BE CANCELLED. RESPECTFULLY FOLLOWING THE AFORESAID ORDER OF THE C OORDINATE BENCH OF THIS TRIBUNAL, WE, THEREFORE, HOLD THAT IMPOSITION OF PENALTY IN THE P RESENT CASE CANNOT BE SUSTAINED AND THE SAME HAS RIGHTLY BEEN CANCELLED BY THE LD. CIT(A), WHICH WE UPHOLD. APPEAL OF REVENUE IS DISMISSED 7. `THE CROSS OBJECTION FILED BY THE ASSESSEE PER S E IS SUPPORTIVE IN NATURE AND SINCE WE CONFIRM THE ORDER OF LD. CIT(A) IN CANCELLING THE P ENALTY IMPOSED BY THE AO U/S. 271(1)(C) OF THE ACT, THE CROSS OBJECTION FILED BY THE ASSESS EE IS ALSO DISMISSED AS INFRUCTUOUS. 8. IN THE RESULT, APPEAL OF REVENUE AND THE CROSS O BJECTION OF ASSESSEE BOTH ARE DISMISSED. ORDER IS PRONOUNCED IN THE OPEN COURT ON 24.01.2018 SD/- SD/- (DR.A. L. SAINI) (ABY. T. VARKEY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 24TH JANUARY, 2018 JD.(SR.P.S.) COPY OF THE ORDER FORWARDED TO: 1. APPELLANT ACIT, CIRCLE-40, KOLKATA. 2 RESPONDENT M/S. WEST BENGAL STATE CONSUMER CO-O PERATIVE FEDERATION LTD., P-1, HIDE ROAD, KOLKATA-700 073. 3. THE CIT(A) KOLKATA. 4. 5. CIT KOLKATA DR, ITAT, KOLKATA. / TRUE COPY, BY ORDER, SR. PVT. SECRETARY