ACIT, CIRCLE-16(1), Mumbai V. M/S SITI CABLE NETWORK LTD. [NOW MERGED WITH DISH TV INDIA LTD], Mumbai

ITA 1968/MUM/2019

• Counselvise Citation: [2020] 108 COUNSELVISE.COM (IT) 8613 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-12-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2004-2005
• Appeal Filed On: 04-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: J S BHANSALI
• Assessee Lawyers: T S KHALSA
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH G, MUMBAI BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI RAM LAL NEGI, JUDICIAL MEMBER ITA NO.1968/M/2019 ASSESSMENT YEAR: 2004-05 ACIT CIRCLE -16(1), ROOM NO.439, 4 TH FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400020 VS. M/S. SITI CABLE NETWORK LTD. (NOW MERGED WITH DISH TV INDIA LTD.) RAHEJAS 4 TH FLOOR CORNERS OF 135 CONTINENTAL BLDG., DR. ANNIE BESANT ROAD, WORLI, MUMBAI 400 018 PAN: AABCS 8443B (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI T.S. KHALSA, A.R. REVENUE BY : SHRI J.S. BHANSALI, D.R. DATE OF HEARING : 23.11.2020 DATE OF PRONOUNCEMENT : 28.12.2020 O R D E R PER RAJESH KUMAR, ACCOUNTANT MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE REVENUE AGAINST THE ORDER DATED 29.01.2019 OF THE COMMISSIONER OF INCOME TAX (APPEALS) [HEREINAFTER REFERRED TO AS THE CIT(A)] RELEVANT TO ASSESSMENT YEAR 2004-05. 2. THE ONLY ISSUE RAISED IN THE APPEAL IS AGAINST THE DELETION OF PENALTY OF RS.2,63,05,067/- BY LD. CIT(A) AS LEVIED BY THE AO UNDER SECTION 271(1)(C) OF THE ACT ON THE ADDITIONS/DISALLOWANCE MADE ON ACCOUNT OF LOAN AND ADVANCES WRITTEN OFF AND BAND WIDTH CHARGES. ITA NO.1968/M/2019 M/S. SITI CABLE NETWORK LTD. (NOW MERGED WITH DISH TV INDIA LTD.) 2 3. AT THE OUTSET, THE LD. COUNSEL OF THE ASSESSEE POINTED OUT THAT THE ADDITIONS/DISALLOWANCES ON WHICH THIS PENALTY WAS LEVIED BY THE AO HAS BEEN DELETED BY THE TRIBUNAL IN QUANTUM APPEAL IN ITA NO.6961/M/2014 VIDE ORDER DATED 26.09.2018. THE LD. A.R., THEREFORE, SUBMITTED THAT THE APPEAL OF THE REVENUE MAY KINDLY BE DISMISSED AS THE VERY BASIS OF THE PENALTY STANDS DEMOLISHED AND DELETED. 4. THE LD. D.R., ON THE OTHER HAND, FAIRLY AGREED TO THE SUBMISSIONS MADE BY THE LD. A.R. 5. HAVING HEARD THE RIVAL PARTIES AND PERUSING THE MATERIAL ON RECORD, ESPECIALLY THE ORDER OF THE CO-ORDINATE BENCH OF THE TRIBUNAL IN ITA NO.6961/M/2014 ORDER DATED 26.09.2018 IN ASSESSEES OWN CASE, WE FIND THAT THE QUANTUM HAS BEEN DELETED AND THEREFORE THE PENALTY PROCEEDINGS HAVE NO LEGS TO STAND. ACCORDINGLY, WE ARE DISMISSING THE APPEAL OF THE REVENUE. 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 28.12.2020. SD/- SD/- ( RAM LAL NEGI) (RAJESH KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 28.12.2020. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH ITA NO.1968/M/2019 M/S. SITI CABLE NETWORK LTD. (NOW MERGED WITH DISH TV INDIA LTD.) 3 //TRUE COPY// [ BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.