The DCITBharuch Circle, Bharuch V. M/s. Pragati Glass Pvt.Ltd., Bharuch

ITA 1645/AHD/2009

• Counselvise Citation: 164520514 RSA 2009
• Duration Of Justice: 2 year(s) 4 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-10-2011
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 10-10-2011
• Assessment Year: 2005-2006
• Appeal Filed On: 20-05-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Opportunity of being heard; Assessment record

Judgement Text

, , . .. . . .. . , , , , . .. . . .. .!'#$ !'#$ !'#$ !'#$ , % % % % & & & & IN THE INCOME TAX APPELLATE TRIBUNAL : B BENCH : AHMEDABAD (BEFORE HONBLE SHRI T.K. SHARMA, J.M. & HONBLE SHRI A.K.GARODIA, A.M.) . ITA NO. 1645/AHD./2009 : ' ()- 2005-06 DCIT, BHARUCH CIRCLE, BHARUCH (,- /APPELLANT) -VS- (PAN : AABCP73 77H) PRAGATI GLASS PVT. LTD., BHARUCH ( ./,- /RESPONDENT ) ,- 0 1 / APPELLANT BY : SHRI SAMIR TEKRIWAL, SR.D.R. ./,- 0 1 / RESPONDENT BY : SHRI SURENDRA MODIANI, A.R. 2'3 0 4% / DATE OF HEARING : 10/10/2011 5'( 0 4% / DATE OF PRONOUNCEMENT : 10/10/2011 / ORDER PER SHRI T.K. SHARMA, JUDICIAL MEMBER : THIS APPEAL FILED BY THE REVENUE IS AGAINST THE OR DER DATED 30-03-2009 OF THE LEARNED COMMISSIONER OF INCOME TAX(APPEALS)-VI, BAR ODA CANCELLING THE PENALTY OF RS.14,40,314/- LEVIED BY THE AO UNDER SECTION 271(1 )(C) FOR THE ASSESSMENT YEAR 2005-2006. 2. AT THE OUTSET, SHRI SURENDRA MODIANI, APPEARED O N BEHALF OF THE ASSESSEE AND PRODUCED A COPY OF THE DECISION DATED 10.11.2009 OF THE ITAT, B BENCH IN ASSESSEES OWN CASE IN ITA NO.1145/AHD/2008 FOR THE ASSESSMENT YEAR 2005-06 WHEREIN VIDE PARA 57 AND 58, THE TRIBUNAL DIRECTED THE AO TO TAKE COST OF ELECTRICITY GENERATED BY THE ASSESSEE AT MARKET RATE AND COMPUT E THE ELIGIBLE PROFIT FOR TAX PURPOSES. HE SUBMITTED THAT AFTER THIS RECOMPUTATIO N, THE ENTIRE DISALLOWANCE/ADDITION ON WHICH THE AO LEVIED PENALTY UNDER SECTION 271(1) (C) HAS BEEN DELETED. ON THIS ITA NO. 1645-AHD-09 2 BASIS, HE CONTENDED THAT THE ORDER OF THE LD. CIT(A ) CANCELLING THE PENALTY OF RS.14,40,314/- LEVIED BY THE AO BE UPHELD. 3. ON THE OTHER HAND, SHRI SAMIR TEKRIWAL, SR.D.R., APPEARING ON BEHALF OF THE REVENUE, POINTED OUT THAT THIS NEEDS VERIFICATION A T THE END OF THE AO. 4. RIVAL SUBMISSIONS HAVE BEEN CONSIDERED. IT IS PE RTINENT TO NOTE THAT THE ASSESSEE HAS NOT FURNISHED THE COPY OF THE ORDER GIVING APPE AL EFFECT TO THE DECISION OF THE TRIBUNAL DATED 10.11.2009 IN QUANTUM APPEAL FOR THE ASSESSMENT YEAR 2005-06. WE, THEREFORE, SET ASIDE THE IMPUGNED ORDER OF THE LD. CIT(A) AND DIRECT THE AO TO VERIFY THE FACTUAL ASPECT FROM THE ASSESSMENT RECORDS AND THEREAFTER RECALCULATE THE PENALTY UNDER SECTION 271(1)(C) OF THE I.T. ACT, AFTER GIVI NG OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S TREATED AS ALLOWED FOR STATISTICAL PURPOSES. 6 0 5'( #' ) 10/10 /2011 ' 7 0 !3 8 THIS ORDER PRONOUNCED IN THE OPEN COURT ON 10/10/2011. SD/- SD/- (A.K.GARODIA) (T.K. SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 10/10/2011 0 00 0 .49 .49 .49 .49 :9(4) :9(4) :9(4) :9(4)- -- - 1. ,- 2. ./,- 3. 4 2> 4. 2>- - 5. 9A! .4' , , 8 6. !$ C6 , D/ F , 8 TALUKDAR/ SR. P.S. ITA NO. 1645-AHD-09 3