, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES J MUMBAI . . , . . , BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER AND SHRI B.R.BASKARAN, ACCOUNTANT MEMBER . / ITA NO. 242/MUM/2014 / ASSESSMENT YEAR 2006-07 THE DY. CIT. CC-44, AAYAKAR BHAVAN, MUMBAI 400020 / VS. SHRI JITENDRA J. MEHTA, (PROP. M/S. S.J. IMPEX), 1401, RAHEJA CENTRE, 14 TH FLOOR, NARIMAN POINT MUMBAI 400 0 21 ./ ./ PAN/GIR NO. : AAAPM 2381K ( / APPELLANT ) .. ( / RESPONDENT ) ASSESSEE BY SHRI PAVAN KUMAR B EER LA RESPONDENT BY : NONE # $ % / DATE OF HEARING : 16/06/2015 # $ % / DATE OF PRONOUNCEMENT : 16/06/2015 / O R D E R PER I.P.BANSAL, JM: THIS IS AN APPEAL FILED BY THE REVENUE AND IT IS DIRECTED AGAINST ORDER PASSED BY LD. CIT(A)-38, MUMBAI DATED 10/10/2013 F OR ASSESSMENT YEAR 2006-07. GROUNDS OF APPEAL READ AS UNDER: 1. 'ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE AND IN LAW, THE LD. CIT(A) ERRED IN DELETING THE PENALTY OF RS. 9,08,380/- LE VIED U/S. 271(1)(C) OF THE I.T. ACT, 1961 WITHOUT APPRECIATING THE FACT THAT THE DECISIO N OF THE HONBLE ITAT, IN RESPECT OF DELETION OF ADDITION OF UNPROVED BROKERAGE AMO UNT PAID OF RS. 28,95,652/- TO M/S. PANKAJ POLYMER LTD. HAS NOT BEEN ACCEPTED BY T HE REVENUE AND A MISCELLANEOUS APPLICATION (VIDE M.A. NO. 497/M/2012 IN RESPECT OF 2005-06 AND M.A. 498/M/2012 IN RESPECT OF A.Y 2006-07) WAS FILE D BEFORE THE HONBLE ITAT, THE DECISION OF WHICH IS STILL AWAITED. 2. THE APPELLANT PRAYS THAT THE ORDER OF THE CIT(A) ON THE ABOVE GROUNDS BE SET ASIDE AND THAT OF THE ASSESSING OFFICER BE RESTORED . . / ITA NO. 242MUM/2014 / ASSESSMENT YEAR 2006-07 2 2. THE PENALTY HAS BEEN DELETED BY LD. CIT(A) ON TH E GROUND THAT ADDITION FOR WHICH IMPUGNED PENALTY WAS LEVIED HAS BEEN DEL ETED BY THE TRIBUNAL. SUCH DELETION OF PENALTY HAS BEEN AGITATED BY THE R EVENUE IN THE AFOREMENTIONED GROUNDS OF APPEAL. 3. THE NOTICE OF HEARING WAS SENT TO THE ASSESSEE. HOWEVER, NONE WAS PRESENT ON THE DATE FIXED OF HEARING. HOWEVER, AS THE PENALTY IS DELETED BY LD. CIT(A) ON THE GROUND THAT ADDITION ITSELF HAS BEEN DELETED, THEREFORE, WE PROCEED TO DECIDE THE PRESENT APPEAL EX-PARTE QUA T HE ASSESSEE ON MERITS. 4. LD. DR RELIED UPON THE ORDER PASSED BY AO. 5. AFTER HEARING LD. DR AND CONSIDERING THE ORDER P ASSED BY LD. CIT(A), WE DECLINE TO INTERFERE IN THE RELIEF GRANTED BY LD. C IT(A) AS THE VERY BASIS OF LEVY OF PENALTY DOES NOT EXIST. NOTHING HAS BEEN BROUGHT O N RECORD TO SHOW THAT MISCELLANEOUS APPLICATION FILED BY THE REVENUE HAS BEEN ACCEPTED BY THE TRIBUNAL. FOR THE SAKE OF COMPLETENESS THE RELEVAN T PARA FROM THE ORDER OF LD. CIT(A) IS REPRODUCED BELOW. 8.0 THE HONBLE ITAT VIDE CONSOLIDATED ORDER DATED 14.10.2011 FOR A.YRS. 2005-06 AND 2006-07 IN ITA NO.5438/MUM/2010 AND ITA NO.170/MUM/ 2010 DELETED THE ADDITION OF RS.28,95,652/- MADE BY THE ASSESSING OFFICER FOR A. Y 2006-07. SINCE THE ADDITION OF RS.28,95,652/-, THE BASIS OF FOR INITIATION OF PENA LTY PROCEEDINGS U/S. 271(1)(C) OF THE ACT ITSELF, HAS BEEN DELETED BY THE HONBLE ITAT, THE P ENALTY LEVIED BY THE ASSESSING OFFICER U/S. 271(1) (C) OF THE ACT AMOUNTING TO RS.9,08,380 /- IS HEREBY CANCELLED. 5.1 IN VIEW OF ABOVE DISCUSSIONS, WE DECLINE TO INT ERFERE IN THE RELIEF GRANTED BY LD. CIT(A) AND REVENUES APPEAL IS DISMISSED. 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16/06/2015 # + , - 16/06/2015 # SD/- SD/- ( . . / B.R.BASKARAN ) . . /I.P.BANSAL ) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI; , DATED 16/06/2015 . / ITA NO. 242MUM/2014 / ASSESSMENT YEAR 2006-07 3 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. /$ ( ) / THE CIT(A)- 4. /$ / CIT 5. 01 $23 , % 23 , / DR, ITAT, MUMBAI 6. 4 / GUARD FILE. / BY ORDER, 0$ $ //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI . . ./ VM , SR. PS