ACIT Central Circle 3(1), CHENNAI V. Kaivallya Entertainment (P) Ltd., CHENNAI

ITA 1832/CHNY/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 1210 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-09-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 14-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: J PRABHAKAR

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , A BENCH, CHENNAI [ , , BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER ./ I.T.A.NO.1832/CHNY/2019 ( [ [ / ASSESSMENT YEAR: 2008-09) THE ACIT, CENTRAL CIRCLE 3(1), CHENNAI. VS M/S. KAIVALLYA ENTERTAINMENT P. LTD., NO.216/65, SHRIRAMBHAVANAM, ALWARPET STREET, ALWARPET, CHENNAI 600 018. PAN: AADCK0637K ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : SHRI AR.V. SREENIVASAN, JCIT / RESPONDENT BY : SHRI J. PRABHAKAR, CA /DATE OF HEARING : 03.09.2019 /DATE OF PRONOUNCEMENT : 03.09.2019 / O R D E R PER S.JAYARAMAN, AM: THE REVENUE FILED THIS APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-7, CHENNAI IN ITA NO.300 (T-14)/CIT(A)-7/2016-17 DATED 27.03.2019, WHO ALLOWED THE 2 ITA NO.1832/CHNY/2019 ASSESSEES APPEAL AGAINST THE ORDER PASSED U/S.271(1)(C) FOR THE ASSESSMENT YEAR 2008-09. 2. THE LD.DR SUBMITTED THAT THE HONBLE ITAT ALLOWED THE QUANTUM APPEAL OF THE ASSESSEE IN ITA NO.1148/MDS/2015 FOR THE ASSESSMENT YEAR 2008-09 DATED 27.07.2017. CONSEQUENT TO PASSING THE ASSESSMENT ORDER, THE ASSESSING OFFICER LEVIED PENALTY U/S.271(1)(C) IN C.NO.CC 3(1)/AADCK0637K/2015-16 DATED 24.03.2016 AT RS.67,21,946/- AGAINST WHICH THE ASSESSEE FILED AN APPEAL BEFORE THE CIT(A). THE LD.CIT(A) FOUND THAT THE HONBLE TRIBUNAL HAS PASSED THE QUANTUM APPEAL VIDE ITS ORDER DATED 27.07.2017, THEREFORE THE PENALTY IMPOSED U/S.271(1)(C) HAS NO LEGS TO STAND ON AND ALLOWED THE APPEAL. SINCE, THE REVENUE HAS FILED AN APPEAL AGAINST THE ORDER OF ITAT BEFORE THE HONBLE HIGH COURT, THE LD.DR PLEADED THAT THE APPEAL MAY BE DECIDED ON MERIT. PER CONTRA, THE LD.AR SUPPORTED THE ORDER OF THE LD.CIT(A). 3. WE HAVE HEARD THE RIVAL SUBMISSIONS. SINCE THE TRIBUNAL HAS ALLOWED THE QUANTUM APPEAL, SUPRA, AS HELD BY THE LD.CIT(A), THE 3 ITA NO.1832/CHNY/2019 PENALTY IMPOSED U/S.271(1)(C) HAS NO LEGS TO STAND. THEREFORE, THE REVENUES APPEAL IS DISMISSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 3 RD SEPTEMBER, 2019 AT CHENNAI. SD/- SD/- /CHENNAI, /DATED 3 RD SEPTEMBER, 2019 RSR /COPY TO: 1. /APPELLANT 2. /RESPONDENT 3. ( ) /CIT(A) 4. /CIT 5. /DR 6. [ /GF ( ) (GEORGE MATHAN) /JUDICIAL MEMBER ( ) (S. JAYARAMAN) /ACCOUNTANT MEMBER