ITO 9(3)3, MUMBAI V. VIGOMS PHARMACEUTICALS P.LTD, MUMBAI

ITA 2311/MUM/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 79228 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-06-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2002-2003
• Appeal Filed On: 22-03-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CAPT PRADEEP ARYA
• Assessee Lawyers: MUKESH B ADVANI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI BEFORE SHRI D.MANMOHAN, VICE PRESIDENT AND SHRI RAJENDRA, ACCOUNTANT MEMBER I.T.A. NO.2311/MUM/2013 (ASSESSMENT YEAR : 2002-03) INCOME TAX OFFICER - 9(3) - 3, 2 ND FLOOR, ROOM NO.227, AAAYAKAR BHAVAN, M.K. ROAD MUMBAI-400 020. VS. M/S. VIGOMS PHARMACEUTICALS PVT. LTD. 301, SHALAKA BUILDING, PLOT NO.32, JUHU ROAD SANTACRUZ(W) MUMBAI-400 054. PAN/GIR NO. AAACV 2728 D ( APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : SHRI MUKESH B. ADVANI DEPARTMENT BY : CAPT. PRADEEP ARYA DATE OF HEARING : 25 . 6 .2014 DATE OF PRONOUNCEMENT : 25 . 6 .2014 O R D E R PER D. MANMOHAN, V.P : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 23/01/2013 PASSED BY CIT(A)-20 AND IT PERTAINS TO A SSESSMENT YEAR 2002-03. PENALTY OF RS.3,05,200/- LEVIED BY ASSESSING OFFICE R U/S. 271 (1)(C) OF THE ACT, HAVING BEEN SET ASIDE BY CIT(A), REVENUE IS IN APPE AL BEFORE US. IT DESERVES TO BE NOTICED THAT ASSESSING OFFICER MADE AN ADDITION OF RS.8.72 LACS ON THE GROUND THAT THE ASSESSEE CLAIMED DEDUCTION TWICE AN D BASED ON SUCH FINDING PENALTY WAS LEVIED U/S. 271(1)(C) OF THE ACT. 2. ON AN APPEAL FILED BY ASSESSEE LD. CIT(A) OBSERV ED THAT THE IMPUGNED ADDITION WAS DELETED BY LD. CIT(A) VIDE ORDER DATED 20/09/2010 AND HENCE, PENALTY LEVIED BY ASSESSING OFFICER ON 20/09/2010 S HOWS UTMOST DISRESPECT TO THE ORDER OF THE CIT(A). HE ACCORDINGLY CANCELLED P ENALTY. AGGRIEVED, REVENUE IS IN APPEAL BEFORE US. ITA NO.2311/MUM/2013 (AY : 2002-03) 2 3. LD. COUNSEL APPEARING ON BEHALF OF THE ASSESSEE SUBMITTED THAT THE ASSUMPTION OF ASSESSING OFFICER THAT THE ASSESSEE M ADE CLAIM OF DOUBLE DEDUCTION IS NOT CORRECT AND EVEN IN THE SET ASIDE PROCEEDINGS LD. CIT(A) VIDE ORDER DATED 12.02.2014 DELETED THE ADDITION MADE BY ASSESSING OFFICER AND THUS PENALTY LEVIED BY ASSESSING OFFICER NO LONGER SUBSISTS. LD. DR FAIRLY ADMITTED THAT THE VERY BASIS FOR PENALTY NO LONGER STANDS. IT IS NOT SHOWN BEFORE US THAT REVENUE HAS PREFERRED ANY APPEAL AGA INST THE ORDER OF CIT(A)IN THE QUANTUM PROCEEDINGS. SUCH BEING THE CASE WE DO NOT FIND ANY INFIRMITY IN THE ORDER OF CIT(A). WE THEREFORE, AFFIRM THE ORDER OF CIT(A) AND DISMISS THE APPEAL FILED BY THE REVENUE . PRONOUNCED ACCORDINGL Y IN THE OPEN COURT. ORDER PRONOUNCED ON 25 TH DAY OF JUNE, 2014 . SD/- (RAJENDRA) ACCOUNTANT MEMBER SD/- (D. MANMOHAN) VICE PRESIDENT MUMBAI; DATED : 25/06/2014 JV. COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( (( ( DY./ASSTT. REGISTRAR) ITAT, MUMBAI