KASHINATH TAPURIAH, KOLKATTA V. DCIT CEN CIR 1(2), MUMBAI

ITA 2041/MUM/2015

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 84514 (ITAT-MUMBAI)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-12-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 09-04-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJESH KUMAR YADAV
• Assessee Lawyers: HARESH P KENIA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH A, MUMBAI BEFORE SHRI C.N. PRASAD, JUDICIAL MEMBER AND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER ITA NO.2041/M/2015 ASSESSMENT YEAR: 2008-09 SHRI KASHINATH TAPURIAH, 9, ROWDON STREET, UDYANCHAL BUILDING, FLAT NO.20, 5 TH FLOOR, KOLKATA 700 017 PAN: ABUPT 5665K VS. DY. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 1(2), MUMBAI (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI HARESH P. KENIA, A.R. REVENUE BY : SHRI RAJESH KUMAR YADAV, D.R. DATE OF HEARING : 30.11.2016 DATE OF PRONOUNCEMENT : 15.12.2016 O R D E R PER C.N. PRASAD, JUDICIAL MEMBER: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE O RDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-47, MUMBAI [HE REINAFTER REFERRED TO AS THE CIT(A)] DATED 27.02.2015 FOR THE ASSESSMENT YEAR 2008-09 IN SUSTAINING THE PENALTY LEVIED UNDER SECTION 271(1)(C) OF THE A CT. 2. THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET S UBMITS THAT THE APPEAL IN QUANTUM PROCEEDINGS HAS BEEN RESTORED TO THE FILE O F THE LD. CIT(A) BY THE CO- ORDINATE BENCH IN ITA NO.8346 OF 2011 DATED 09.07.1 5 FOR DENOVO CONSIDERATION. 3. THE LD. D.R. HAS NO SERIOUS OBJECTION IN REMITTI NG THE APPEAL TO THE FILE OF THE LD. CIT(A). ITA NO.2041/M/2015 SHRI KASHINATH TAPURIAH 2 4. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE ORDERS OF THE AUTHORITIES BELOW AND THE CO-ORDINATE BENCH IN QUAN TUM PROCEEDINGS IN ITA NO.8346 OF 2011 DATED 09.07.15. WE FIND THAT THE C O-ORDINATE BENCH HAS RESTORED THE QUANTUM APPEAL TO THE FILE OF THE LD. CIT(A). SINCE THE OUTCOME OF THE APPEAL IN QUANTUM PROCEEDINGS BEFORE THE LD. CIT(A) HAS A DIRECT BEARING ON THE PENALTY APPEAL, WE RESTORE THE PENAL TY APPEAL ALSO TO THE FILE OF THE LD. CIT(A) WHO SHALL DECIDE ALONG WITH THE QUAN TUM APPEAL IN ACCORDANCE WITH LAW. 5. THUS, THE APPEAL FILED BY THE ASSESSEE IS RESTOR ED TO THE LD. CIT(A) WHO SHALL DECIDE AFTER PROVIDING ADEQUATE OPPORTUNITY O F BEING HEARD TO THE ASSESSEE. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 15.12.2016. SD/- SD/- (MANOJ KUMAR AGGARWAL) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 15.12.2016. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.