METRO CONSTRUCTION CO., NAVI MUMBAI V. ACIT CEN CIR 25, MUMBAI

ITA 1711/MUM/2013

• Counselvise Citation: [2014] 120 COUNSELVISE.COM (IT) 8258 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-12-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 04-12-2014
• Assessment Year: 2008-2009
• Appeal Filed On: 04-03-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AKHILENDRA YADAV

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'B' BENCH, MUM BAI . , , BEFORE SHRI D. KARUNAKARA RAO, AM & SHRI AMIT SHUKL A, JM ./ ITA NO. 1711/MUM/2013 ( / ASSESSMENT YEAR: 2008-09) M/S. METRO CONSTRUCTION CO. / VS. ACIT, CENTRAL CIRCLE-25 E-3/12, SECTOR 1 VASHI, NAVI MUMBAI 400703 ROOM NO. 463, 4 TH FLOOR AAYAKAR BHAVAN, MK ROAD MUMBAI 400020 ./ PAN AAJFM6208R ! / APPELLANT '# ! / RESPONDENT ! $ % / APPELLANT BY: MS. RITIKA AGARWAL '# ! $ % / RESPONDENT BY: SHRI AKHILENDRA YADAV &' $ ( / DATE OF HEARING: 04.12.2014 )*+ $ ( / DATE OF PRONOUNCEMENT: 04.12.2014 / O R D E R PER D. KARUNAKARA RAO, AM THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDER OF THE CIT(A)-39, MUMBAI DATED 17.01.2013 FOR AY 2008-09 IN CONNECTIO N WITH PENALTY UNDER SECTION 271(1)(C) OF THE ACT. 2. AT THE OUTSET THE LEARNED COUNSEL FOR THE ASSESSEE MENTIONED THAT THE ISSUE ON WHICH PENALTY IN QUESTION WAS LEVIED WAS R EMANDED BY THE TRIBUNAL TO THE FILE OF THE AO IN QUANTUM PROCEEDIN GS VIDE ITA NO. 4811/MUM/2010 DATED 10.07.2013. PARAS 18 TO 22 OF T HE SAID ORDER OF THE TRIBUNAL ARE RELEVANT. PARA 22 READS AS UNDER: - ..... UNDER THESE FACTS AND CIRCUMSTANCES AND WIT HOUT GOING INTO THE MERITS OF THE ADDITION, WE ARE OF THE VIEW THAT THI S MATTER REQUIRED TO BE RESTORED BACK TO THE FILE OF THE ASSESSING OFFICER TO VERIFY THIS FACT. CONSEQUENTLY, WE SET ASIDE THE IMPUGNED ORDER PASSE D BY THE LEARNED COMMISSIONER (APPEALS) AND RESTORE BACK THIS ISSUE TO THE FILE OF THE ASSESSING OFFICER TO VERIFY THIS CONTENTION OF THE ASSESSEE AND TO VERIFY WHETHER THE SAID DOCUMENT I.E., PAGE-71 OF ANNEXUR E A-1, WAS PART OF PANCHANAMA PREPARED IN CASE OF THE ASSESSEE OR NOT. IF THE SAID ITA NO. 1711/MUM/2013 M/S. METRO CONSTRUCTION CO. 2 DOCUMENT DOES NOT PERTAIN TO THE ASSESSEE, THEN NEE DLESS TO SAY THAT NO ADVERSE INFERENCE CAN BE DRAWN AGAINST THE ASSES SEE. THE ASSESSING OFFICER SHALL PROVIDE DUE AND EFFECTIVE O PPORTUNITY OF HEARING TO THE ASSESSEE TO EXPLAIN THESE FACTS. CONSEQUENTL Y, THE GROUND RAISED BY THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTIC AL PURPOSES. THUS, IN THE QUANTUM APPEAL THE TRIBUNAL REMANDED T HE ISSUE OF ADDITION OF ` 34,16,600/- MADE ON THE BASIS OF THE SEIZED PAPER ( PAGE 71/A-1). THE SAID ADDITION IS THE SUBJECT MATTER OF PENALTY IN THE PR ESENT APPEAL. THE PRESENT APPEAL, BEING RELATED TO THE ABOVE QUANTUM APPEAL, IS ALSO REMANDED TO THE AO. ACCORDINGLY, THE GROUNDS RAISED BY THE ASSESSEE ARE ALLOWED. 3. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ,- &./, $ 0 1$ 23 4 5 6 $ 7 89 ORDER PRONOUNCED IN THE OPEN COURT ON 4 TH DECEMBER, 2014. $ )*+ 0 :&- 04.12.2014 * $ ;' SD/- SD/- (AMIT SHUKLA) (D. KARUNAKARA RAO ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER <' MUMBAI, :& DATED: 4 TH DECEMBER, 2014 COPY TO: 1. ! / THE APPELLANT 2. '# ! / THE RESPONDENT 3. ( )/ THE CIT(A) 39, MUMBAI 4. / THE CIT CENTRAL II, MUMBAI CITY 5. =>; '&?. , ( ?. , <' THE DR, B BENCH, ITAT, MUMBAI 6. ;/ @' / GUARD FILE. & / BY ORDER #= ' //TRUE COPY// ! ASSISTANT REGISTRAR , <' ITAT, MUMBAI BENCHES, MUMBAI N.P.