ACIT 17(3), MUMBAI V. WESTERN INDIA MARINE CORPORATION, MUMBAI

ITA 1918/MUM/2012

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 88562 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 11 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-03-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 09-02-2015
• Assessment Year: 2005-2006
• Appeal Filed On: 21-03-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PAVAN KUMAR BEER LA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH G, MUMBAI , ,, , !' !' !' !' '''# '''# '''# '''#$ $$ $ % % % % BEFORE SHRI B R BASKARAN, ACCOUNTANT MEMBER AND SHRI VIVEK VARMA, JUDICIAL MEMBER ITA NO. : 1916/MUM/2012 (ASSESSMENT YEAR: 2002-03) ITA NO. : 1917/MUM/2012 (ASSESSMENT YEAR: 2003-04) ITA NO. : 1918/MUM/2012 (ASSESSMENT YEAR: 2005-06) DCIT/JT.CIT/ACIT-17(3), ROOM NO. 614, 6 TH FLOOR, PIRAMAL CHAMBERS, PAREL, MUMBAI -400 012 VS M/S WESTERN INDIA MARINE CORPORATION, 11, GANPAT BAUG, OFF. T J RD., SEWREE, MUMBAI -400 015 .: PAN: AAAFW 0148 H (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI PAVAN KUMAR BEERLA RESPONDENT BY : SHRI NISHANT THAKKAR /DATE OF HEARING : 09-02-2015 ! / DATE OF PRONOUNCEMENT : 04-03-2015 & & & & ORDER '''# '''# '''# '''# , , , , : :: : PER VIVEK VARMA, JM: INSTANT APPEALS ARE FILED BY THE DEPARTMENT AGAINST THE ORDERS OF CIT(A), CANCELLING THE PENALTIES. THE DETAILS ARE AS UNDER: ASST YEAR QUANTUM OF PENALTY CIT(A) DT. OF ORDER OF CIT(A) REMARK 2002 - 03 5,87,936 19 04.01.2012 PRESENT APPEAL 2003 - 04 5, 2 8, 8 36 8 19 04.01.2012 PRESENT APPEAL 2004 - 05 - - - - 2005 - 06 7,98,265 19 04.01.2012 PRESENT APPEAL 2. THE COMMON FACTS INVOLVED ARE THAT THE ASSESSEE PAY S SPEED MONEY TO DOCK WORKERS. THE EXPENSE WAS DISALLOW ED BY M/S WESTERN INDIA MARINE CORPORATION ITAS 1916 TO 1918/M/2012 2 THE REVENUE AUTHORITIES. CONSEQUENTIALLY THE REVENUE AUT HORITIES LEVIED PENALTY IN THE YEARS UNDER CONSIDERATION. 3. IT WAS POINTED OUT BY THE AR THAT THE ISSUE HAS B EEN DECIDED BY THE ITAT SUBSTANTIALLY IN FAVOUR OF THE ASSESS EE AND AS A RESULT THEREOF, THE LD. CIT(A) HAS DELETED THE PENALTY. 4. THE DR ACCEPTS THE FACT. 5. ON GOING THROUGH THE ORDERS OF THE ITAT IN ITA NOS . 2006/MUM/2012, 695/MUM/2009 AND 2814, 3742, 3743/MUM/2008, THE ISSUE HAS BEEN SUBSTANTIALLY HELD IN FAVOUR OF THE ASSESSEE AND AS A CONSEQUENCE IN ITA NO. 2006/MUM/2012 THE ITAT HAS CONFIRMED THE ORDER OF THE CIT(A) DELETING THE ADDITION. 6. RESPECTFULLY FOLLOWING THE SAME, WE SUSTAIN THE ORDER O F THE CIT(A) DELETING PENALTY U/S 271(1)(C) IN ASSESSMENT YEARS 2002-03, 2003-04 & 2005-06. 7. AS A RESULT, THE APPEALS AS FILED BY THE DEPARTMENT A RE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 04/03/2015. SD/- SD/- ( ) ( '''# '''# '''# '''# ) % % % % & & & & % % % % (B R BASKARAN) ( VIVEK VARMA ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATE: 04/03/2015 '/ COPY TO:- 1) / THE APPELLANT. 2) / THE RESPONDENT. 3) THE CIT(A) -19, MUMBAI. M/S WESTERN INDIA MARINE CORPORATION ITAS 1916 TO 1918/M/2012 3 4) THE CIT-17, MUMBAI/CIT -17, MUMBAI. 5) / THE D.R. G BENCH, MUMBAI. 6) ()* + COPY TO GUARD FILE. ,%- / BY ORDER / / TRUE COPY / / . / / 0 , '1! , 2 3 DY. / ASSTT. REGISTRAR I.T.A.T., MUMBAI *CHAVAN, SR.PS