The DCIT(OSD)-1, Circle-4, Ahmedabad V. M/s. Maan Pharmaceuticals Ltd., Ahmedabad

ITA 2116/AHD/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 8726 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 1 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-08-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2004-2005
• Appeal Filed On: 16-07-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIMAL I MEHTA
• Assessee Lawyers: ASHISH B SHAH

Judgement Text

ITA NO. 2 11 6 /AHD/201 5 ASSESSMENT YEAR: 20 04 - 05 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD SM C BENCH, AHMEDABAD [ CORAM : PRAMOD KUMAR, A CCOUNTANT MEMBER ] ITA NO. 2 116 /AHD/ 201 5 ASSESSMENT YEAR : 20 04 - 05 ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE 2 ( 1 ) (2) , AHMEDABAD. ... .. APPELLANT VS. MAAN PHARMACEUTICALS LIMITED , .RESPONDENT 506, SAMEDH, NEAR ASSOCIATED PETROL PUMP, C.G. ROAD AHMEDABAD 380 006. [ PAN : A AA CM 9899 E ] APPEARANCES BY : VIMAL I. MEHTA FOR THE APPELLANT ASHISH B. SHAH FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : 14.08 .2017 DATE OF PRONOUNCING THE ORDER : 17 .0 8 .2017 O R D E R 1. THIS APPEAL FILED BY THE ASSESSING OFFICER IS DIRECTED AGAINST THE ORDER DATED 30.04.2015, PASSED BY THE LEARNED CIT(A) - 2, AHMEDABAD, F OR THE ASSESSMENT YEAR 20 04 - 05. 2. WHEN THIS APPEAL WAS CALLED OUT FOR HEARING, LEARNED COUNSEL FOR THE ASSESSEE INVITED OUR ATTENTION TO THE FAC T THAT THE RELATED QUANTUM ADDITION ITSELF, VIDE ORDER DATED 22.08.2014 PASSED BY THIS TRIBUNAL, STANDS DELETED. IN THIS VIEW OF THE MATTER, THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITS, THIS PENALTY SHOULD ALSO BE DELETED. ITA NO. 2 11 6 /AHD/201 5 ASSESSMENT YEAR: 20 04 - 05 3. LEARNED DEPARTMENTAL REPRESENTATIVE DOES NOT OPPOSE THE PRAYER SO MADE BY THE ASSESSEE. 4. IN VIEW OF THE ABOVE DISCUSSION, WE DEEM IT FIT AND PROPER TO DELETE THE IMPUGNED PENALTY. ORDERED, ACCORDINGLY. 5 . IN THE RESULT, APPEAL IS DISMISSED. PR ONOUNCED IN THE OPEN COURT T ODAY ON THE 17 TH DAY OF AUGUST , 2017. SD/ - PRAMOD KUMAR (ACCOUNTANT MEMBER) DATED: AHMEDABAD, THE 17 TH DAY OF AUGUST , 2017. PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLANT TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD