The ITO, Ward-1(1)(2), Ahmedabad V. M/s. Busy Bee Engineering Pvt. Ltd., Ahmedabad

ITA 224/AHD/2017

• Counselvise Citation: [2018] 112 COUNSELVISE.COM (IT) 5258 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 8 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-10-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 1998-1999
• Appeal Filed On: 27-01-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LALIT P JAIN
• Assessee Lawyers: ANIL R SHAH
• Section: 201

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL, D BENCH, AHMEDABAD BEFORE SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER AND MS MADHUMITA ROY, JUDICIAL MEMBER ./ ITA NO. 224 / AHD/ 2017 / ASSTT. YEAR: 1998 - 1999 INCOME TAX OFFICER, WARD - 1(1)(2), AHMEDABAD VS M/S.BU SY BEE ENGINEERING PVT. LTD. C/O MAHESH S. KAMDAR, FLAT NO.A/601, SILICON VALLEY SHOPPING CENTRE, CO - OP. SOCIETY, SATELLITE ROAD, AHMEDABAD PAN AABCB2108C (APPLICANT) (RESPONENT) REVENUE BY : SHRI LALIT P. JAIN, SR. DR ASSESSEE BY : SHRI ANIL R. SHAH, AR / DATE OF HEARING : 30 / 07 /201 8 / DATE OF PRONOUNCEMENT: 11 / 10 /201 8 / O R D E R PER MS MADHUMITA ROY, JUDICIAL MEMBER : THE INSTANT APPEAL PREFERRED BY THE REVENUE BEFORE US IS AGAINST THE ORDER DATED 25/11/2016 , PASSED BY THE LEA RNED COMMISSIONER OF INCOME TAX (APPEALS) - 4, AHMEDABAD, ARISING OUT OF THE PENALTY ORDER DATED 25/03/2013, PASSED U/S.271(1)(C) OF THE INCOME TAX ACT 1961 , FR AMED BY THE INCOME TAX OFFICER, WARD - 1 (2), AHMEDABAD, FOR ASSESSMENT YEAR 1998 - 1999. ITA NO.224/AHD/2017 FOR A.Y.1998 - 1999 2 2. THIS FILE HAS CHEQUERED HISTORY. T HE ASSESSEE COMPANY FILED ITS RETURN OF INCOME FOR ASSESSMENT YEAR 1998 - 1999 ON 30/11/1998, DECLARING TOTAL LOSS AT RS. ( - )4 ,15,862 / - . FINALLY, ORDER U/S.143(3) OF THE ACT , WAS PASSED ON 28/03/2001, DETERMINING THE TOTAL INCOME AT RS.4,16,81,150/ - BY MAKING CERTAIN ADDITIONS BY THE LD.ASSESSING OFFICER . AGAINST THE SAME THE ASSESSEE COMPANY WENT IN APPEAL BEFORE LD.CIT(A) AND AGAIN TO THE LD.ITAT . B Y AND UN DER THE ORDER DATED 23/12/2009. T HE LD.ITAT, REMITTED THE MATTER TO THE FILE OF THE LD.ASSESSING OFFICER, WITH CERTAIN DIRECTIONS UPON SETTING ASIDE THE ORDER PASSED BY THE LD.CIT(A). SUBSEQUENTL Y, NOTICE U/S.143(2) OF THE ACT, WAS AGAIN ISSUED ON 01/07/2010, AND FINALLY ADDITIONS WERE MADE BY THE ITO,1(2), AHMEDABAD, AGAINST WHICH THE ASSESSEE WENT ON APPEAL BEFORE THE LD.CIT(A), WHO IN TURN CONFIRMED THE SAME BY AND UNDER THE ORDER DATED 08/02/2012. SIMULTANEOUSLY, A PENALTY PROCEEDINGS WAS ALSO INITIATED BY THE LD.AO CULMINATING INTO THE ORDER OF IMPOSITION OF PENALTY DATED 25.03.2013. ON THE OTHER HAND THE APPEAL PREFERRED BY THE ASSESSEE CHALLENGING THE VALIDITY OF THE ORDER DATED 08/02/2012, PASSED BY THE LD.CIT(A), CONFIRMING THE QU ANTUM ORDER HAS BEEN ALLOWED BY THE CO - ORDINATE BENCH OF THIS LD.TRIBUNAL ON 18/10/2016. CONSEQUENTIALLY, THE ADDITIONS WERE DELETE D . 3. SINC E THE QUANTUM ORDER WAS QUASHED ULTIMATELY BY THE LD.ITAT, THE APPEAL PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF PENALTY U/S.271(1)(C) OF THE ACT, DATED 25/03/2013, THOUGH TAKEN UP BY THE LD.CIT(A), THE SAME WAS DISMISSED AS INFRUCTUOUS AS NO PENALTY IS LEVIABLE AGAINST THE APPELLANT . T HE REVENUE HAS COME UP BEFORE US AGAINST THE SAID ORDER OF DISMISSAL IN THE PENALTY APPEAL. ITA NO.224/AHD/2017 FOR A.Y.1998 - 1999 3 4 . AT THE TIME OF HEARING OF THE INSTANT APPEAL THE LD. REPRESENTATIVE OF THE ASSESSEE NARRATED THE ENTIRE FACTS BEFORE US , AS ALREADY BEEN STATED HERE INBEFORE . HE THUS, PRAYED FOR DISMISSAL OF THIS APPEAL PREFERRED BY THE REVE NUE. THE LD .DEPARTMENTAL REPRESENTATIVE, HOWEVER, RELIED UPON THE ORDER PASSED BY THE LD.AO. AFTER HEARING THE LD.COUNSEL APPEARING FOR THE PARTIES AND UPON GOING THROUGH THE RELEVANT MATERIAL S AVAILABLE ON RECORDS AND TAKING INTO CONSIDERATION THE PARTICULAR FACTS O F THE MATTER, WE FIND NO INFIRMI TY IN THE ORDER PASSED BY THE LD.CIT(A) IN DIS MISSING THE APPEAL PREFERRED BY THE ASSESSEE WHEN THE VERY BASIS OF SUCH PENALTY APPEAL BEING THE QUANTUM ORDER HAS BEEN QUASHED BY THE LD.ITAT BY AND UNDER THE ORDER DATED 18/10/2016, WHICH IS ON RECORD BEFORE US 5 . WE, THEREFORE, DISMISS THE APPEAL PREFERRED BY THE REVENUE. ORDER PRONOUNCED IN THE COURT ON 11 / 10 / 201 8 AT AHMEDABAD. - SD - ( PRAMOD KUMAR ) ACCOUNTANT MEMBER - SD - ( MS MADHUMITA ROY ) JUDICIAL MEMBER AHMEDABAD; DATED 11 / 10 / 201 8 MANISH / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A), AHMEDABAD 5. , , / DR, ITAT, AHMEDABAD 6. / GUARD FILE . / BY ORDER, / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD