DCIT CC 13, MUMBAI V. TELEVISION NEWS & ENTERTAINMENT INDIA LTD, MUMBAI

ITA 2383/MUM/2012

• Counselvise Citation: 238319914 RSA 2012
• Duration Of Justice: 1 year(s) 6 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-10-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 01-10-2013
• Assessment Year: 2004-2005
• Appeal Filed On: 11-04-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S JYOTHILAXMI NAYAK
• Assessee Lawyers: NATASHA MANGAT
• Keywords: Additional evidence

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI , BEFORE SHRI D. KARUNAKARA RAO , ACCOUNTANT MEMBER AND SHRI AMIT SHUKLA , JUDI CIAL MEMBER / ITA NO. 2383 /MUM./ 2012 ( / ASSESSMENT YEAR : 20 04 0 5 ) ASSTT. COMMISSIONER OF INCOME TAX RANGE 11 (1), AAYAKAR BHAVAN 101, M.K. ROAD, MUMBAI 400 020 .. / APP ELLANT V/S TELEVIS ION NEWS & ENTERTAINMENT INDIA LTD. 7 TH & 8 TH FLOOR, BLDG. 11, SOLTAIRE CORPORATE PARK, GURU HARGOVINDJI MARG, CHAKALA ANDHERI(E) MUMBAI 400 0 93 .... / RESPONDENT PERMANENT ACCOUNT NUMBER AAACT3735E / REVENUE BY : MR S . JYOTHILAXMI NAYAK / ASSESSEE BY : MS. NATASHA MANGAT / DATE OF HEARING 01 . 1 0.2013 / DATE OF ORDE R 11 - 10 - 2013 / ORDER / PER AMIT SHUKLA , J.M. THE PRESEN T APPEAL HA S BEEN PREFERRED BY THE REVENUE , CHALLENGING THE IMPUGNED ORDER DATED 31 ST JANUARY 2012 , PASSED BY THE LEARNED COMMISSIONER (APPEALS) III , MUMBAI, FOR THE ASSESSMENT YEAR 20 0 4 05, IN THE MATTER OF PENALTY OF ` 9,24,219 LEVIED UNDER SECTION 271(1 )(C) BY THE ASSESSING OFFICER WHICH WAS DELETED BY THE LEARNED COMMISSIONER (APPEALS). TELEVISION NEWS & ENTERTAINMENT INDIA LTD. 2 2. AT THE OUTSET, THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT IN THE QUANTUM PROCEEDINGS, THE MATTER HAS BEEN SET ASIDE BY THE TRIBUNAL TO THE FILE OF THE ASSESSING OFFICER FOR FRESH ASSESSMENT VIDE ORDER DATED 12 TH MARCH 2012 IN ITA NO.6929/MUM./2008, THEREFORE, THIS PENALTY ORDER DOES NOT SURVIVE. 3. THE LEARNED DEPARTMENTAL REPRESENTATIVE ALSO ADMITTED THE AFORESAID FACT. 4. AFTER GOING THROUGH THE ORDER DATED 12 TH MA RCH 2012, PASSED BY THE TRIBUNAL IN THE QUANTUM PROCEEDINGS, IT IS NOTICED THAT THE ENTIRE ASSESSMENT HAS BEEN SET ASIDE TO THE FILE OF THE ASSESSING OFFICER FOR DECIDING THE SAME AFRESH AFTER TAKING INTO CONSIDERATION THE ADDITIONAL EVIDENCE FILED BY THE ASSESSEE. SINCE THE MATTER HAS ALREADY BEEN SET ASIDE TO THE FILE OF THE ASSESSING OFFICER, THEREFORE, THE IMPUGNED PENALTY ORDER CANNOT BE SUSTAINED. THE ASSESSING OFFICER SHALL BE AT LIBERTY TO INITIATE FRESH PENALTY PROCEEDINGS IF HE IS SATISF IED DURING THE COURSE OF FRESH ASSESSMENT PROCEEDING IN ACCORDANCE WITH THE FACTS AND LAW. THUS, THE GROUND RAISED BY THE REVENUE, TECHNICALLY SPEAKING, IS TREATED AS DISMISSED WITH THE AFORESAID DIRECTION. 5. 5 . IN THE RESULT, REVENUES APPEAL IS TREATED AS DISMISSED. 11 - 10 - 2013 ORDER PRONOUNCED IN THE OPEN COURT ON 11 - 10 - 2013 SD/ - SD/ - SD/ - SD/ - D. KARUNAKARA RAO ACCOUNTANT MEMBER SD/ - AMIT SHUKLA JUDICIAL MEMBER MUMBAI, DATED : 11 - 10 - 2013 TELEVISION NEWS & ENTERTAINMENT INDIA LTD. 3 / COPY OF THE ORDER FORWARDED TO : (1) / THE ASSES SEE ; (2) / THE REVENUE; (3) / THE CIT(A ) ; (4) / THE CIT, MUMBAI CITY CONCERNED ; (5) / THE DR, ITAT, MUMBAI ; (6) / GUARD FILE . / TRUE COPY / BY ORDER / PRADEEP J. CHOWDHURY / SR. PRIVATE SECRETARY / / (DY./ASSTT. REGISTRAR) / ITAT, MUMBAI