The ITO, Ward-5(2), Ahmedabad V. M/s. PASL Windtech Pvt. Ltd., Ahmedabad

ITA 2093/AHD/2014

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 5263 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 year(s) 6 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-01-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 11-07-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Tax effect

Judgement Text

ITA NO.2093/AHD/2014 ITO VS. PASL WINDTECH PVT LTD ASSESSMENT YEAR: 2008-09 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR, VP AND MS. MADHUMITA ROY, JM] ITA NO.2093/AHD/2014 ASSESSMENT YEAR: 2008-09 INCOME TAX OFFICER, WARD-5(2), AHMEDABAD. ...... ...... APPLICANT VS. PASL WINDTECH PVT. LTD., .. .. RESPONDENT PLOT NO.37B, PHASE-I, GIDC, VATVA, AHMEDABAD 382 445. [PAN: AABCA 3022 G ] APPEARANCES BY S.K. DEV FOR THE APPLICANT S.N. SOPARKAR FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : 15.01.2019 DATE OF PRONOUNCING THE ORDER : 29.01.2019 O R D E R PER PRAMOD KUMAR, VICE PRESIDENT: 1. BY WAY OF THIS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 25 TH APRIL 2014 PASSED BY THE LEARNED CIT(A), AHMEDABAD , DELETING PENALTY OF RS.29,68,624/- IMPOSED UNDER SECTION 271 (1)(C) OF THE INCOME TAX ACT, 1961 FOR THE ASSESSMENT YEAR 2008-09. 2. WHEN THIS APPEAL WAS CALLED OUT FOR HEARING, LD. COUNSEL FOR THE ASSESSEE INVITED OUR ATTENTION TO THE APPEAL EFFECT ORDER DA TED 17.08.2015 WHEREBY QUANTUM OF PENALTY STANDS REDUCED TO RS.16,06,853/-. HE SUBMI TS THAT IN VIEW OF THE FACT THAT THE RELIEF NOW IN CHALLENGE BEFORE THE TRIBUNAL IS LESS THAN RS.20.00 LAKHS, THE PRESENT APPEAL FILED BY THE REVENUE IS NOT MAINTAIN ABLE AND HENCE LIABLE TO BE DISMISSED. ITA NO.2093/AHD/2014 ITO VS. PASL WINDTECH PVT LTD ASSESSMENT YEAR: 2008-09 PAGE 2 OF 2 3. LEARNED DEPARTMENTAL REPRESENTATIVE DOES NOT OPP OSE THE SUBMISSIONS MADE BY THE LD. COUNSEL FOR THE ASSESSEE AND FAIRLY ACCEPTS THAT THAT THE TAX EFFECT INVOLVED IN THE PRESENT APPEAL IS LESS THAN RS.20 L AKHS. 4. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DI SMISSED. PRONOUNCED IN THE OPEN COURT TODAY ON THE 29 TH JANUARY, 2019. SD/- SD/- MS. MADHUMITA ROY PRA MOD KUMAR (JUDICIAL MEMBER) (VICE PRESIDENT) AHMEDABAD, THE 29 TH DAY OF JANUARY, 2019 PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD