AJAY TULI, MUMBAI V. ACIT (OSD-1) CR-7, MUMBAI

ITA 1807/MUM/2009

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 4062 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-10-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2002-2003
• Appeal Filed On: 20-03-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D N DEVADASAN
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A, MUMBAI BEFORE SHRI J.SUDHAKAR REDDY (A.M.) AND SHRI V.D. R AO (J.M.) ITA NO.1807/MUM/2009 ASSESSMENT YEAR : 2002-2003 AJAY TULI 61, VIOLET VILLA WEST AVENUE, SANTACRUZ (W), MUMBAI 400 054. PAN : AAAPT2164L VS. A.C.I.T.(OSD-1)CR-7, MUMBAI. (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE RESPONDENT BY : SHRI D.N. DEVADASAN (DR) O R D E R PER J. SUDHAKAR REDDY, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AG AINST THE ORDER OF THE LEARNED CIT (A), CENTRAL-V, MUMBAI DATED 16.01.2009 FOR THE ASSESSMENT YEAR 2002-03, WHERE THE FIRST APPELLATE AUTHORITY H AD CONFIRMED THE PENALTY LEVIED BY THE ASSESSING OFFICER U/S.271(1)(C) OF TH E ACT. 2. AFTER HEARING RIVAL PARTIES, WE FIND THAT THE A BENCH OF THE TRIBUNAL IN ITA NO.6062/MUM/07 ORDER DATED 16.10.2009, HAS DELE TED THE ADDITIONS MADE BY THE ASSESSING OFFICER IN THE QUANTUM PROCEE DINGS AND ALLOWED THE GROUNDS OF APPEAL OF THE ASSESSEE. 3. AS IN THE QUANTUM PROCEEDINGS, THE ASSESSEE HAD SUCCEEDED, THE PENALTY LEVIED U/S. 271(1)(C) OF THE ACT HAS NO LEG S TO STAND ON. IN THE RESULT, WE QUASHED THE PENALTY LEVIED U/S.271(1)(C) OF THE ACT AND ALLOW THE APPEAL OF THE ASSESSEE. ITA NO.1807/MUM/2009 ASSESSMENT YEAR : 2002-2003 2 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED . ORDER PRONOUNCED ON THIS 29 TH DAY OF OCTOBER, 2010. SD/- (V.D. RAO) (JUDICIAL MEMBER) SD/- (J.SUDHAKAR REDDY) (ACCOUNTANT MEMBER) MUMBAI, DATED 29 TH OCTOBER, 2010. JANHAVI COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX (APPEALS)- , MUMB AI 4. COMMISSIONER OF INCOME TAX, CITY- , MUMBAI 5. DEPARTMENTAL REPRESENTATIVE, BENCH , MUM BAI //TRUE COPY// BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI