ITO (TDS) 1(2), MUMBAI V. ARISTO PHARMACEUTICALS P. LTD, MUMBAI

ITA 2348/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 7722 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-02-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 13-04-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DAYA SHANKAR
• Assessee Lawyers: P K SANGHAVI
• Keywords: TDS
• Section: 194C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A, MUMBAI. BEFORE SHRI R.K. GUPTA, J.M. AND SHRI J. SUDHAKAR REDDY, A.M. I.T.A. NO. 23 48/MUM/2009 ASSESSMENT YEAR : 2006-07 THE INCOME-TAX OFFICER, M/S AR ISTO PHARMACEUTICALS P. LTD., (TDS) 1(2), MUMBAI. VS. 23/A, SHAH INDUSTRIAL ESTATE, VEERA DESAI ROAD, ANDHERI(WEST), MUMBAI 400 053. PAN AAACA4495N APPELLANT RESPONDENT APPELLANT BY : SHRI DAYA SHANKAR. RESPONDENT BY : SHRI P.K. SANGHAVI. O R D E R PER J. SUDHAKAR REDDY, A.M. THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED A GAINST THE ORDER OF THE CIT(APPEALS)-XXX, MUMBAI DATED 15-01-2 009 FOR ASSESSMENT YEAR 2006-07 ON THE FOLLOWING GROUNDS : 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN L AW THE CIT(A) WAS NOT CORRECT IN DELETING THE PENALTY U/S 271C OF THE INCOME TAX ACT. 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN L AW WHETHER THE LD. CIT(A)S SOLE RELIANCE ON THE HONBLE ITATS ORDER NO. 2832/MUM/2007 DATED 7/8/2008 FOR DELETING THE PENAL TY U/S 271C OF THE INCOMETAX ACT, AMOUNTING TO RS.3,09,15,615/- IS CORRECT, WHEN THE HONOURABLE ITATS ORDER ITSELF IS SUBJUDICE BEF ORE THE HONOURABLE HIGH COURT OF MUMBAI IN ITA APPEAL NO. 7 5 OF 2009. 2. AFTER HEARING RIVAL CONTENTIONS, WE FIND THAT T HE FIRST APPELLATE HAD AT PARA 5 OF HIS ORDER AT PAGE 2, OBS ERVED AS FOLLOWS : 2 I FIND THAT THE HONBLE I.T.A.T. VIDE ORDER DATED 7.8.2008 ITA NO. 2832/MUM/2007 HAS DELETED THE QUANTUM ADDIT ION BY OBSERVING THAT THE ASSESSEE IN THE INSTANT CASE IS NOT LIABLE TO DEDUCT TAX UNDER SECTION 194C OF THE INCOME TAX ACT, 1961. IN VIEW OF THE ABOVE DECISION OF THE HONBLE I.T.A.T., MUMBAI, THE PENALTY LEVIED BY THE ASSESSING OFFICER UNDER SECTION 271C IS CANC ELLED. 3. AS THE QUANTUM WAS DELETED, THE FIRST APPELLATE AUTHORITY DELETED THE PENALTY. WE FIND NO INFIRMITY IN THIS O RDER AND THUS WE DISMISS THE APPEAL OF THE REVENUE. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DIS MISSED. ORDER PRONOUNCED ON THIS 24 TH DAY OF FEBRUARY, 2010. SD/- SD/- (R.K. GUPTA) (J. SUDHAKAR REDDY) JUDICIAL MEMBER. ACCOUNTANT MEMBER. MUMBAI, DATED : 24 TH FEBRUARY, 2010. WAKODE COPY FORWARDED TO : 1. APPELLANT. 2. RESPONDENT 3. C.I.T. 4. CIT(A) 5. DR, A-BENCH. (TRUE COPY) BY ORDER ASSTT.REGISTRAR, ITAT, MUMBAI BENCHES, MUMBAI.