ANANT B TAWDE, MUMBAI V. ITO 17(3)(1), MUMBAI

ITA 1790/MUM/2015

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 2241 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-07-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 20-07-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 26-03-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: H M WANARE
• Assessee Lawyers: SANDIP KEJRIWAL

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, MUMBAI BEFORE HONBLE S/SHRI JOGINDER SINGH (JM), AND RAJESH KUMAR, ( AM ) ./ I.T.A. NO . 1790 /MUM/20 1 5 ( / ASSESSMENT YEAR : 2008 - 09 ) SHRI ANANT N TAWDE, 106, MUMBAI, ROOP RAYON MILL COMPOUND, NEAR DUTTA MANDIR , JIJAMATA NAGAR, KALACHOWKI, MUMBAI - 400011 / VS. INCOME TAX OFFICER, WARD 17(3) (1), MUMBAI . ( / APPELLANT ) .. ( / RESPONDENT ) ./ ./PAN/GIR NO. : ACDPT9937A / APPELLANT BY: SHRI SAN DI P KEJRIWAL / RESPONDENT BY SHRI H M WANARE / DATE OF HEARING : 20 . 7 .201 6 / DATE OF PRONOU NCEMENT : 27. 7.2016 / O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER : THIS IS AN APPEAL FILED BY THE ASSESSEE AND IS DIRECTED AGAINST THE ORDER OF THE LD. CIT(A) - 3 2 , MUMBAI DT. 1 2.1 .201 5 PERTAINING TO A.Y. 20 08 - 09 . 2. THE ONLY ISSUE RAISED IN ALL THE GROUNDS OF APPEAL IS AGAINST THE UPHOLDING OF PENALTY OF RS.17,14,704/ - AS IMPOSED B Y THE AO UNDER SECTION 271(1)(C ) OF THE INCOME TAX ACT, 1961. ITA NO. 1790/ M/1 5 2 3. AT THE TIME OF HEARING, THE LD.AR OF THE ASSESSEE HAS BROUGHT TO THE NOTICE OF THE BENCH THAT TH E QUANTUM ADDITION ON THE BASIS OF WHICH THE PENALTY OF RS.17 , 14,704/ - WAS IMPOSED BY THE AO HAS BEEN DELETED BY THE ORDER OF CO - ORDINATE BENCH OF THE TRIBUNAL PASSED IN ITA NO.6362/MUM/2012 (AY - 2008 - 09) DATED 16.3.2016 AND THEREFORE , THE LD.AR PRAYED THAT THE PENALTY BE DELETED ACCODINGLY . 4. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD . WE FIND THAT THE QUANTUM ADDITION ON THE BASIS OF WHICH THE AO IMPOSED THE PENALTY OF RS.17,14,704/ - HAS BEEN DELETED BY THE ORDER OF CO - ORDINA TE BENCH PASSED IN ITA NO.6362/MUM/2012 (SUPRA) AND THEREFORE, PENALTY AS IMPOSED BY THE AO AND SUSTAINED BY THE LD.CIT(A) CANNOT BE SUSTAINED AS THE VERY BASIS ON WHICH THE PENALTY WAS IMPOSED HAS BEEN DEMOLISHED BY DELETING THE QUANTUM ADDITION. WE, THE REFORE, SET ASIDE THE ORDER OF LD.CIT(A) AND DIRECT THE AO TO DELETE THE PENALTY. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED. THE ABOVE ORDER WAS PRONOUNCED IN THE OPEN COURT ON 27 TH JULY, 2016 . 27TH JULY, 2016 SD SD (JOGINDER SINGH ) ( RAJESH KUMAR ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI: 27TH JULY, 2016 . . . ./ SRL , SR. PS ITA NO. 1790/ M/1 5 3 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - CONCERNED 4. / CIT CONCERNED 5. 6. , , / DR, ITAT, MUMBAI CONCERNED / GUARD FILE. / BY O RDER, TRUE COPY (ASSTT. REGISTRAR) , /ITAT, MUMBAI