M/s. Pruthvi Constructions & Dev. Pvt. Ltd., Ahmedabad V. The ACIT, Cent. Circle 1(1), Ahmedabad

ITA 1732/AHD/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 1189 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-07-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2007-2008
• Appeal Filed On: 12-06-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANTONY PARIATH
• Assessee Lawyers: DEEPAK SONIA

Judgement Text

SMC-ITA NO. 1732/AHD/2013 PRUTHVI CONSTRUCTIONS & DEV. PVT. LTDSD VS. ACIT ASSESSMENT YEAR: 2007-08 PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD [ BEFORE SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER ] ITA NO. 1732/AHD/2013 ASSESSMENT YEAR: 2007-08 M/S. PRUTHVI CONSTRUCTIONS & DEV. PVT. LTD. ....... ........APPELLANT 2 ND FLOOR, KAYCERST, OPP. GUJARAT GAS CO. LTD., NEW PARIMAL CROSSING, C G ROAD, AHMEDABAD PAN : AABCP 1795 P VS. ACIT, ............................RESPONDENT CENTRAL CIRCLE 1 (1), AHMEDABAD APPEARANCES BY: DEEPAK SONIA, FOR THE APPELLANT ANTONY PARIATH, FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : JULY 5TH, 2016 DATE OF PRONOUNCING THE ORDER : JULY 7 TH , 2016 O R D E R BY WAY OF THIS APPEAL, THE ASSESSEE-APPELLANT HAS C HALLENGED CORRECTNESS OF THE CIT(A) ORDER DATED 03.05.2013 UPHOLDING PENALTY OF RS.1,26,960/- IMPOSED U/S 271(1)(C) OF THE ACT FOR THE ASSESSMENT YEAR 2007-08. 2. WHEN THIS APPEAL WAS CALLED OUT FOR HEARING, THE LD. COUNSEL FOR THE ASSESSEE INVITED MY ATTENTION TO THE FACT THAT THE RELATED QUANTUM A DDITION, VIDE ORDER DATED 22.04.2016 PASSED BY THE DIVISION BENCH OF THIS TRIBUNAL IN IT (SS)A NO.104/AHD/2013, HAS BEEN REMITTED BACK TO THE FILE OF THE CIT(A) FOR FRESH A DJUDICATION. I AM, THEREFORE, URGED TO REMIT THE PENALTY MATTER ALSO TO THE FILE OF LD. CIT(A) F OR FRESH ADJUDICATION, INTER ALIA, IN THE LIGHT OF WHATEVER IS DECIDED IN QUANTUM PROCEEDINGS. 3. LD. DEPARTMENTAL REPRESENTATIVE DOES NOT OPPOSE THE PRAYER OF THE ASSESSEE. SMC-ITA NO. 1732/AHD/2013 PRUTHVI CONSTRUCTIONS & DEV. PVT. LTDSD VS. ACIT ASSESSMENT YEAR: 2007-08 PAGE 2 OF 3 4. IN VIEW OF THE ABOVE DISCUSSION, I DEEM IT FIT A ND PROPER TO REMIT THE MATTER BACK TO THE FILE OF LD. CIT(A) FOR FRESH ADJUDICATION, INTER ALIA, IN THE LIGHT OF HIS FINDINGS IN THE QUANTUM PROCEEDINGS. THE ASSESSEE IS ALSO AT LIBER TY TO TAKE UP SUCH LEGAL AND FACTUAL PLEA AS HE MAY DEEM FIT. 5. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATIST ICAL PURPOSES. PRONOUNCED IN THE OPEN COURT TODAY ON 7 TH JULY, 2016 SD/- PRAMOD KUMAR (ACCOUNTAN T MEMBER) AHMEDABAD, THE 7TH DAY OF JULY, 2016 BT* COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD