PASL WINDTECH PVT. LTD., Ahmedabad V. THE CIT(A)-XI, Ahmedabad

ITA 1685/AHD/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 0094 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 4 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-11-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 09-11-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 11-06-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S N SOPARKAR
• Section: 143(3); 27

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD BEFORE SHRI R.P. TOLANI, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER ./ ITA NO. 1685/AHD/2013 / ASSESSMENT YEAR : 2009-10 PASL WINDTECH PVT LTD, 37-B, PHASE-I, GIDC ESTATE, VATVA, AHMEDABAD-382445 PAN : AABCA 3022 G VS CIT(A)-XI, AHMEDABAD / (APPELLANT) / (RESPONDENT) ASSESSEE BY : SHRI S.N. SOPARKAR, AR REVENUE BY : SHRI K. MADHUSUDAN, SR DR / DATE OF HEARING : 09/11/2016 / DATE OF PRONOUNCEMENT: 09/11/2016 / O R D E R PER R.P. TOLANI, JUDICIAL MEMBER:- THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS)-XI, AH MEDABAD, DATED 12.04.2013 FOR ASSESSMENT YEAR 2009-10. 2. THE ONLY EFFECTIVE GROUND RAISED IN THIS APPEAL IS WHETHER THE CIT(A)- XI, AHMEDABAD IS JUSTIFIED IN LEVYING THE PENALTY O F RS.21,83,125/- U/S 271(1)(C) OF THE INCOME-TAX ACT. 3. BRIEFLY STATED THE FACTS ARE THAT FOR THE YEAR U NDER CONSIDERATION, THE ASSESSMENT U/S 143(3) OF THE ACT WAS COMPLETED VIDE ORDER DATED 15.12.2011, MAKING ADDITION ON ACCOUNT OF INCOME F ROM HOUSE PROPERTY A & B AMOUNTING TO RS.35,51,696/-. ON FURTHER APPEA L, THE LD. CIT(A) ENHANCED THIS ADDITION TO RS.70,65,131/- AS PER THE REASONING AND COMPUTATION GIVEN IN HIS ORDER DATED 31.01.2013. ITA NO. 1685/AHD/2013 PASL WINDTECH PVT LTD VS. CIT(A) AY : 2009-10 2 4. SUBSEQUENT TO THE CIT(A)S ORDER, PENALTY U/S 27 1(1)(C) OF THE ACT WAS COMPLETED VIDE ORDER DATED 12.04.2013, IMPOSING A P ENALTY OF RS.21,83,125/- ON THE ENHANCED ADDITION MADE BY THE CIT(A) OF RS.7 0,65,131/-. THE ASSESSEE, BEING AGGRIEVED, IS IN APPEAL BEFORE THE TRIBUNAL. 5. AT THE TIME OF HEARING BEFORE US, IT WAS POINTED OUT BY THE LD. COUNSEL THAT, IN THE QUANTUM APPEAL, THE TRIBUNAL HAS QUASH ED THE ENHANCEMENT MADE BY THE CIT(A) VIDE ORDER DATED 17.04.2015 IN I TA NO.661/AHD/2013 COPY OF THE ORDER IS PLACED ON RECORD. THE ASSESSE E HAS ALSO PLACED ON RECORD THE ORDER OF THE ITO, WARD (3)(2), AHMEDABAD GIVING EFFECT TO THE ORDER OF THE TRIBUNAL IN ITA NO.661/AHD/2011. WHEN THE TRIBUNAL HAS ALREADY QUASHED THE ENHANCEMENT MADE BY THE CIT(A), THE PENALTY MADE IN RESPECT OF SUCH ENHANCEMENT CANNOT SURVIVE. ACCORD INGLY, WE SET ASIDE THE PENALTY ORDER PASSED U/S. 271(1)(C) OF THE ACT. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. ORDER PRONOUNCED IN THE COURT ON 9 TH NOVEMBR, 2016 AT AHMEDABAD. SD/- SD/- (MANISH BORAD) ACCOUNTANT MEMBER (R.P. TOLANI) JUDICIAL MEMBER AHMEDABAD; DATED 09/11/2016 *BIJU T., SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A) 5. , , / DR, ITAT, AHMEDABAD 6. / GUARD FILE . / BY ORDER, TRUE COPY / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD