CHANDRAKANT K. INGAWALE, MUMBAI V. ITO WD 1(3), MUMBAI

ITA 203/MUM/2010

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 59715 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-01-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 16-01-2012
• Assessment Year: 2004-2005
• Appeal Filed On: 08-01-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K NAYAK
• Assessee Lawyers: KISHORE K PODDAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIB UNAL MUMBAI BENCHES C, MUMBAI BEFORE SHRI R.S.SYAL, AM AND SHRI R.S.PADVEKAR, JM ITA NO.203/MUM/2010 : ASST. YEAR 2004-2005 SHRI CHANDRAKANT K.INGAWALE BLOCK NO.704, BUILDING NO.5 SHRI SWAMI KRIPA, DHOKALI KOLSHET ROAD, THANE (WEST) 400 607. PAN : AABPI0404N. THE INCOME TAX OFFICER WARD 1(3) THANE. (APPELLANT) VS. (RESPONDENT) APPELLANT BY : SHRI KISHORE K.PODDAR RESPONDENT BY : SHRI A.K.NAYAK DATE OF HEARING : 16.01.2012 DATE OF PRONOUNCEMENT : 18.01.2012 O R D E R PER R.S.SYAL, AM : THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER PASSED BY THE COMMISSIONER OF INCOME-TAX (APPEALS) ON 13.11.2009 CONFIRMING THE PENALTY OF ` 56,17,523 IMPOSED BY THE ASSESSING OFFICER U/S 271( 1)(C) OF THE ACT, IN RELATION TO THE ASSESSMENT YEAR 2004-2005. 2. AT THE VERY OUTSET THE LEARNED COUNSEL FOR THE A SSESSEE PLACED ON RECORD A COPY OF THE ORDER PASSED BY THE TRIBUNAL IN ASSESSE ES OWN CASE IN QUANTUM PROCEEDINGS IN ITA NO.890/MUM/2008 BY WHICH THE SAI D ISSUE ON WHICH PENALTY WAS IMPOSED AND CONFIRMED HAS BEEN RESTORED TO THE FILE OF A.O. IT WAS, THEREFORE, ARGUED THAT THE PENALTY SHOULD ALSO MEET WITH THE SAME FATE AND BE DISMISSED. ON THE OTHER HAND THE LEARNED DEPARTMEN TAL REPRESENTATIVE CONTENDED THAT THE QUESTION OF PENALTY BE RESTORED TO THE FILE OF A.O. FOR TAKING A DECISION ACCORDINGLY. 3. IT IS NOTICED THAT THE TRIBUNAL HAS RESTORED THE ADDITION TO THE FILE OF ASSESSING OFFICER FOR FRESH VERIFICATION. WHEN THE ADDITION HAS BEEN RESTORED TO ITA NO.203/MUM/2010 SHRI CHANDRAKANT K.INGAWALE. 2 THE FILE OF A.O., IN OUR CONSIDERED OPINION, THE PE NALTY ON THIS ASPECT SHOULD ALSO BE RESTORED TO THE FILE OF A.O. FOR TAKING A F RESH DECISION IN ACCORDANCE WITH THE VIEW FINALLY TAKEN BY HIM IN RESPECT OF ADDITIO N IN QUANTUM PROCEEDINGS. OUR VIEW IS FORTIFIED BY THE JUDGMENT OF THE HON'BL E SUPREME COURT IN THE CASE OF MOHAMMED MOHATRAM FAROOQUIVS. CIT (SC) 2010-TIOL-2 3-SC-IT. WE, THEREFORE, OVERTURN THE IMPUGNED ORDER ON THIS ISSU E AND RESTORE THE MATTER TO THE FILE OF A.O. 4. IN THE RESULT, THE APPEAL IS ALLOWED FOR STATIST ICAL PURPOSES. ORDER PRONOUNCED ON THIS 18 TH DAY OF JANUARY, 2012. SD/- SD/- (R.S.PADVEKAR) (R.S.SYAL) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI : 18 TH JANUARY, 2012. DEVDAS* COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT CONCERNED 4. THE CIT(A)-II, THANE. 5. THE DR/ITAT, MUMBAI. 6. GUARD FILE. TRUE COPY. BY ORDER ASSISTANT REGISTRAR, ITAT, MUMBAI.