AFTAB E. PATEL, MUMBAI V. ASST CIT CEN CIR 13, MUMBAI

ITA 1995/MUM/2014

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 2127 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-11-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2003-2004
• Appeal Filed On: 24-03-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S MISRA

Judgement Text

, , , , A AA A IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH A, MUMBAI !, ' #$ % % % % &&, ' #$ ( BEFORE SHRI RAJENDRA, ACCOUNTANT MEMBER AND SHRI SANJAY GARG, JUDICIAL MEMBER ./ ITA NO.1995/M/2014 ( '+ , '+ , '+ , '+ , / ASSESSMENT YEAR: 2003-04) MR. AFTAB E. PATEL, 36G, HEERA PANNA ARCADE, HAJI ALI, MUMBAI 400 026 PAN: AABPP 1421F + + + + / VS. ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 13, MUMBAI ( -. / APPELLANT) ( /0-. /RESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI DEEPAK TRALSHAWALA, A.R. REVENUE BY : SHRI MS. S. MISRA, D.R. + 1 2' / DATE OF HEARING : 14.09.2015 34, 1 2' / DATE OF PRONOUNCEMENT : 30.11.2015 # 5 / O R D E R PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASSESS EE AGAINST THE ORDER DATED 18.02.2014 OF THE COMMISSIONER OF INCOME TAX (APPEALS) [(HEREINAFTER REFERRED TO AS CIT(A)]. 2. THE ASSESSEE HAS AGITATED THE ACTION OF THE LD. CIT(A) IN CONFIRMING THE PENALTY LEVIED BY THE ASSESSING OFFICER (HEREINAFTE R REFERRED TO AS THE AO) UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT. AT THE OUTSET, THE LD. A.R. HAS STATED THAT IN RELATION TO QUANTUM ADDITIONS, THE M ATTER HAS BEEN SET ASIDE TO THE FILE OF THE AO BY THE TRIBUNAL VIDE ORDER DATED 08. 02.2015 PASSED IN ITA ITA NO.1995/M/2014 MR. AFTAB E. PATEL 2 NOS.792 & 793/M/2010 FOR DECISION AFRESH. SINCE TH E VERY BASIS UPON WHICH THE PENALTY WAS LEVIED HAS CEASED TO EXIST, THEREFO RE, THE CONSEQUENTIAL PENALTY IS NOT SUSTAINABLE IN THE EYES OF LAW AND THE SAME IS ACCORDINGLY ORDERED TO BE DELETED. 3. HOWEVER, BEFORE PARTING WITH THE ORDER IT IS CLA RIFIED THAT IF THE AO WILL FIND DURING THE FRESH ASSESSMENT PROCEEDINGS THAT T HE CASE OF THE ASSESSEE IS ALSO FIT FOR LEVY OF PENALTY IN TERMS OF THE FRESH ASSESSMENT ORDER, HE WILL BE AT LIBERTY TO INITIATE FRESH PENALTY PROCEEDINGS ACCOR DINGLY. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS HER EBY ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 30.11.2015. # 5 1 34, ' 6 7#+8 30.11.2015 4 1 & SD/- SD/- ( ! / RAJENDRA) ( && / SANJAY GARG) ' #$ / ACCOUNTANT MEMBER ' #$ / JUDICIAL MEMBER /MUMBAI ; 7#+ / DATED 30.11.2015 * KISHORE # 5 1 /'2IJ K J,2 # 5 1 /'2IJ K J,2 # 5 1 /'2IJ K J,2 # 5 1 /'2IJ K J,2/COPY OF THE ORDER FORWARDED COPY OF THE ORDER FORWARDED COPY OF THE ORDER FORWARDED COPY OF THE ORDER FORWARDED TO TOTO TO : :: : 1. -. / THE APPELLANT 2. /0-. / THE RESPONDENT. 3. [2 () / THE CIT(A)- 4. [2 / CIT 5. JA& /'2'+ , , / THE DR CONCERNED BENCH, 6. &E F / GUARD FILE. # 5+ # 5+ # 5+ # 5+ / // / BY ORDER, 0J2 /'2 //TRUE COPY// J JJ J/ // /K K K K ( DY./ASSTT. REGISTRAR) , , , , / ITAT, MUMBAI / ITAT, MUMBAI / ITAT, MUMBAI / ITAT, MUMBAI