Assistant Commissioner Income-tax, V. M/s. Hotel Sai Siddhi Pvt. Ltd., Nashik

ITA 1790/PUN/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 2544 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 5 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 29-09-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHRI
• Assessee Lawyers: S N DOSHI

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE . . , ! , # $ BEFORE SHRI R.K. PANDA, AM AND SHRI VIKAS AWASTHY, JM . / ITA NOS.1790 & 1791/PN/2014 #& & / ASSESSMENT YEARS : 2006-07 & 2007-08 ACIT, CENTRAL CIRCLE-1, NASHIK . / APPELLANT V/S M/S. HOTEL SAI SIDDHI PVT. LTD., HOTEL MUSE JUPITER, PATHARDI PHATA, MUMBAI AGRA ROAD, NASHIK 422 101 PAN NO.AABCH4310G . / RESPONDENT / ASSESSEE BY : SHRI S.N. DOSHI / REVENUE BY : SHRI PANKAJ GARG / ORDER PER R.K. PANDA, AM : THE ABOVE 2 APPEALS FILED BY THE REVENUE ARE DIRECTED AGAINST THE SEPARATE ORDERS DATED 01-08-2014 OF THE C IT(A)-I, NASHIK RELATING TO ASSESSMENT YEARS 2006-07 & 2007-08 RESPECTIVELY. SINCE IDENTICAL GROUNDS HAVE BEEN TAKEN B Y THE REVENUE IN BOTH THESE APPEALS, THEREFORE, THESE WERE HEA RD TOGETHER AND ARE BEING DISPOSED OF BY THIS COMMON ORDER. 2. DELETION OF PENALTY OF RS.80,58,013/- FOR A.Y. 2006-07 AND RS.24,07,625/- FOR A.Y. 2007-08 IS THE ONLY ISSUE RAISE D / DATE OF HEARING :15.03.2016 / DATE OF PRONOUNCEMENT: 15.03.2016 2 ITA NOS.1790 & 1791/PN/2014 BY THE REVENUE IN THE VARIOUS GROUNDS OF APPEAL FOR THE ABOVE 2 YEARS. 3. THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET SUBMITTED THAT THE QUANTUM APPEALS FILED BY THE REVENUE AS WELL AS THE ASSESSEE HAVE BEEN SET ASIDE BY THE TRIBUNA L TO THE FILE OF THE AO FOR FRESH ADJUDICATION VIDE CONSOLIDATED ORDER DATED 04-12-2015 IN ITA NOS. 486 TO 492/PN/2012 FOR A.YRS. 2002-03 TO 2008-09 FILED BY THE REVENUE AND ITA N OS. 389 TO 391/PN/2012 FOR A.Y. 2006-07 TO 2008-09 FILED BY THE ASSESSEE. THEREFORE, THE APPEAL FILED BY THE REVENUE SHOULD BE DISMISSED AS THE PENALTY DOES NOT SURVIVE. THE AO MAY INITIATE SEPARATE PENALTY PROCEEDINGS AFTER COMPLETION OF ASSESSMENT. 4. THE LD. DEPARTMENTAL REPRESENTATIVE FAIRLY CONCEDED THAT THE TRIBUNAL HAS RESTORED THE ISSUE TO THE FILE OF TH E AO FOR FRESH ADJUDICATION. 5. AFTER HEARING BOTH THE SIDES, WE FIND THE QUANTUM APPEAL HAS BEEN RESTORED TO THE FILE OF THE AO FOR FRESH ADJUDICATION. THEREFORE, THE PENALTY LEVIED BY THE AO DO ES NOT SURVIVE. ACCORDINGLY, THE APPEALS FILED BY THE REVENU E HAVE TO BE DISMISSED BEING INFRUCTUOUS. HOWEVER, THE AO IS AT LIBERTY TO INITIATE PENALTY PROCEEDINGS IF HE DEEMS PROPE R AS PER LAW AFTER COMPLETION OF THE ASSESSMENT. WE HOLD ACCORDINGLY. THE GROUNDS RAISED BY THE REVENUE ARE ACCORDINGLY DISMISSED. 3 ITA NOS.1790 & 1791/PN/2014 6. IN THE RESULT, BOTH THE APPEALS FILED BY THE REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF, I.E. ON 15-03-2016. SD/- SD/- ( VIKAS AWASTHY ) ( R.K. PANDA ) JUDICIAL MEMBER ACCOUNTANT MEMBER PUNE ; DATED : 15 TH MARCH, 2016. ) *#,! -! / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. THE CIT (A) - II, NASHIK 4. 5. 6. THE CIT-II, NASHIK $ ''(, (, / DR, ITAT, B PUNE; - / GUARD FILE. / BY ORDER , // TRUE COPY // // TRUE COPY // // $ ' /C /0 ' ( / SR. PRIVATE SECRETARY (, / ITAT, PUNE