The ACIT, Circle-10, Ahmedabad V. M/s. Kajal Exports, Ahmedabad

ITA 1979/AHD/2013

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 0118 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 3 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-11-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 08-11-2016
• Assessment Year: 2004-2005
• Appeal Filed On: 22-07-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAYANT JAVERI
• Assessee Lawyers: P M MEHTA

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND SHRI S.S. GODARA, JUDICIAL MEMBER ./ ITA NO. 1979/AHD/2013 / ASSESSMENT YEAR: 2004-05 ACIT, CIRCLE-10, AHMEDABAD VS. M/S. KAJAL EXPORTS, 61, ADARSH COMPLEX, B/H. ASIA HOUSE, CG ROAD, AHMEDABAD PAN : AACFL 1564 H / (APPELLANT) / (RESPONDENT) REVENUE BY : SHRI JAYANT JAVERI, SR DR ASSESSEE BY : SHRI PM MEHTA, AR / DATE OF HEARING : 08/11/2016 / DATE OF PRONOUNCEMENT: 10/11/2016 / O R D E R PER N.K. BILLAIYA, ACCOUNTANT MEMBER: THIS APPEAL BY THE REVENUE IS PREFERRED AGAINST THE ORDER OF THE CIT(A)-XVI, AHMEDABAD DATED 08.05.2013 PERTAINING T O AY 2004-05. 2. THE SOLE GRIEVANCE OF THE REVENUE IS THAT THE CI T(A) ERRED IN DELETING THE PENALTY OF RS.22,38,820/- LEVIED U/S 271(1)(C) OF THE ACT. 3. AT THE VERY OUTSET, THE COUNSEL FOR THE ASSESSEE BROUGHT TO OUR NOTICE THE ORDER OF THE CO-ORDINATE BENCH IN ITA NO.496, 4 97/AHD/2010 PERTAINING TO AYS 2003-04 & 2004-05. IT IS THE SAY OF THE COUNSEL THAT THE TRIBUNAL VIDE ORDER DATED 12.04.2013 HAS DELETED TH E QUANTUM ADDITIONS MADE IN THE ASSESSMENT ON THE STRENGTH OF WHICH THE AO HAS LEVIED THE PENALTY. ITA NO. 1979/AHD/2013 ACIT VS. KAJAL EXPORTS AY 2004-2005 2 4. SUBLATO FUNDAMENTO CADIT OPUS WHICH MEANS IN CASE THE FOUNDATION IS REMOVED, SUPER STRUCTURE FALLS. IN THE CASE IN HAND , SINCE THE QUANTUM ADDITION HAS BEEN DELETED BY THE TRIBUNAL (SUPRA), WE DO NOT FIND ANY BASIS FOR THE LEVY OF IMPUGNED PENALTY. WE DECLINE TO IN TERFERE. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE COURT ON 10 TH NOVEMBER, 2016 AT AHMEDABAD. SD/- SD/- (S.S. GODARA) JUDICIAL MEMBER (N.K. BILLAIYA) ACCOUNTANT MEMBER AHMEDABAD; DATED 10/11/2016 BIJU T., SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ! # / CONCERNED CIT 4. # ( ) / THE CIT(A ) 5. & ! , ! , / D R, ITAT, AHMEDABAD 6. / GUARD FILE . / BY ORDER, TRUE COPY / ( DY./ASSTT.REGISTRAR) # $, / ITAT, AHMEDABAD