Cubs International Petrochem Limited , Kolkata V. DCIT, Circle - 6(1), Kolkata

ITA 2343/KOL/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 4309 (ITAT-KOLKATA)
• Duration Of Justice: 5 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 13-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHANKAR HALDER
• Assessee Lawyers: VINOD KUMAR JAIN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D, BENC H KOLKATA BEFORE SHRI S.S.GODARA, JM &DR. A.L.SAINI, AM ./ITA NOS.2342TO2344/KOL/2018 ( / ASSESSMENT YEARS: 2008-09, 2009-10 & 2011-12) CUBS INTERNATIONAL PETROCHEM LTD. C/O, RSVPC & COMPANY, 41A, A.J.C. BOSE ROAD, SUITE NO. 613, 6 TH FLOOR, KOLKATA-700017 VS. DCIT, CIRCLE-6(1), KOLKATA ./ ./PAN/GIR NO.: AACCB 1609 F (ASSESSEE) .. (REVENUE) ASSESSEE BY : SHRI VINOD KUMAR JAIN, FCA RESPONDENT BY : SHRI SHANKAR HALDER, JCIT SR. DR / DATE OF HEARING : 06/05/2019 /DATE OF PRONOUNCEMENT : /05/2019 / O R D E R PER DR. A. L. SAINI: THE CAPTIONED THREE APPEALS FILED BY THE ASSESS EE , PERTAINING TO ASSESSMENT YEARS 2008-09, 2009-10 & 2011-12 RESPECT IVELY ARE DIRECTED AGAINST THE COMMON ORDER PASSED BY THE COMMISSIONER OF INCO ME TAX (APPEAL)-2, KOLKATA, WHICH IN TURN ARISES OUT OF COMMON PENALTY ORDER PASSED BY THE ASSESSING OFFICER U/S 271(1)(B) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT) DATED 19.06.2017. CUBS INTERNATIONAL PETROCHEM LTD. ITA NOS.2342TO2344/KOL/2018 ASSESSMENT YEARS:2008-09, 2009-10 & 2011-12 P PP PA AA AG GG GE EE E | || | 2 22 2 2. SINCE THESE THREE APPEALS PERTAIN TO THE SAME AS SESSEE, IDENTICAL AND COMMON ISSUES ARE INVOLVED THEREFORE, THESE HAVE BEEN CLUB BED AND HEARD TOGETHER AND A CONSOLIDATED ORDER IS BEING PASSED FOR THE SAKE OF CONVENIENCE AND BREVITY. 3. WE NOTE THAT IN CASE OF ALL THE THREE APPEALS TH E ASSESSEE HAD APPEARED BEFORE THE ASSESSING OFFICER. THE LD. COUNSEL SUBMITTED TH AT THE ASSESSEE ON RECEIPT OF NOTICE APPEARED BEFORE ASSESSING OFFICER, BUT ASSES SING OFFICER DID NOT RECORD HIS PRESENCE. THE ASSESSEE ALSO SUBMITTED WRITTEN SUBMI SSION BEFORE LD. CIT(A). ASSESSEE ALSO FILED AN AFFIDAVIT BEFORE LD. CIT(A). THE LD. CIT(A) DID NOT CONTROVERT THESE FACTS, HENCE WE DELETE PENALTY U/S 271(1)(B) OF THE ACT. 3. IN THE RESULT, ALL THE THREE APPEALS OF THE ASSE SSEE ARE ALLOWED. ORDER PRONOUNCED IN THE COURT ON 10.05 .2019 SD/- ( S.S.GODARA ) SD/- (A.L.SAINI) / JUDICIAL MEMBER / ACCOUNTANT MEMBER /KOLKATA; / DATE: 10/05/2019 ( SB, SR.PS ) COPY OF THE ORDER FORWARDED TO: 1. CUBS INTERNATIONAL PETROCHEM LTD. 2. DCIT, CIRCLE-6(1), KOLKATA 3. C.I.T(A)- 4. C.I.T.- KOLKATA. 5. CIT(DR), KOLKATA BENCHES, KOLKATA. 6. GUARD FILE. TRUE COPY BY ORDER ASSIST ANT REGISTRAR ITAT, KOLKA TA BENCHES