M/s. R.B. Construction, Nadiad V. The ACIT, Central Circle-2, Baroda

ITA 2465/AHD/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 1083 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 9 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-07-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2002-2003
• Appeal Filed On: 18-10-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

ITA NO S . 2465 2466 & 2468 / AHD/20 1 3 A.Y S . 2002 - 03 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH, AHMEDABAD BEFORE SHRI SHRI S.S. GODARA, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER ITA NO. 2465 / AHD /201 3 ASSESSMENT YEAR : 20 02 - 03 M/S. R.B. CONSTRUCTION VS. ASSTT. COMMISSIONER OF INCOME TAX, SHIVASHRAY COMPLEX, CENTRAL CIRCLE - 2, BARODA. PIJ BHAGOL NADIAD 387 001. [PAN A AC FR 3677 A ] ITA NO. 2466 /AHD/201 3 ASSESSMENT YEAR : 2002 - 03 M/S. SAGAR DEVELOPERS, VS. ASSTT. COMMISSIONER OF INCOME TAX, SHIVASHRAY COMPLEX, CENTR AL CIRCLE - 2, BARODA. PIJ BHAGOL NADIAD 387 001. [PAN A AOFS 5847 B ] ITA NO. 246 8 /AHD/201 3 ASSESSMENT YEAR : 2002 - 03 M/S. S HIV BUILDER S, VS. ASSTT. COMMISSIONER OF INCOME TAX, SHIVASHRAY COMPLEX, CENTRAL CIRCLE - 2, BARODA. PIJ BHAGOL NADIAD 387 0 01. [PAN A A G FS 6181 E ] (APPELLANT S ) (RESPONDENT) A PPELLANT S BY : S HRI P.M. MEHTA WITH SHRI GULAB THAKOR , AR RE SPONDENT BY : S HRI PRASOON KABRA, SR. D.R. DATE OF HEARING : 1 4 .0 7 . 20 16 DATE OF PRONOUNCEMENT : 25 . 0 7 .2016 O R D E R PER S.S. GODARA , J.M. TH ES E THREE DIFFERENT ASSESSEES HAVE INSTITUTED THE INSTANT AS MANY APPEALS FOR ASSESSMENT YEARS 2002 - 03 , AGAINST A COMMON ORDER OF THE CIT ( A ) IV, AHMEDABAD DATED 17.09.2013 IN CASES NO .CIT(A) - IV/11B/CC - 2/12 - 1 3, CIT(A) - IV/09B/CC - 2/12 - 13 & ITA NO S . 2465 2466 & 2468 / AHD/20 1 3 A.Y S . 2002 - 03 PAGE 2 OF 2 CIT(A) - IV/12B/CC - 2/12/13 CONFIRMING PENALTIES OF RS.1,47,500/ - , RS. 3,06,000/ - & RS. 33 , 500 / - ; RESPECTIVELY IMPOSED BY THE A SSESSING OFFICER IN PROCEEDINGS UNDER SECTION 271|(1)(C) OF THE ACT. 2. W E HAVE HEARD BOTH THE PARTIES. I T TRANSPIRES FROM T H E CASE FILES THAT THE A SSESSING OFFICER HAS LEVIED THE ABOVE STATE D PENALTIES ON ACCOUNT OF VARIOUS ADDITIONS MADE IN COURSE OF SEPARATE REASSESSMENTS FRAMED ON 20.11.2009. I T IS TO BE SEEN THAT A CO - ORDINATE BENCH OF THE TRIBUNAL IN I TA NO.1537, 1538 & 1566/AHD/2011 DECIDED ON 10.04.2015, 10.04.2015 & 23.12.2014 ; RESPECTIVELY HAS QUASHED THE ABOVE STATED REASSESSMENTS ON THE GROUND THAT THE A SSESSING OFFICER DID NOT DISPOSE OF ASSES S EE S OBJECTION PETITIONS TO THE REOPENING REASONS IN VIOLATION OF T HE LAW SETTLED BY HON BLE H IGH C OURT IN CASE OF GENERAL MOTORS INDIA PVT. LTD. VS. DCIT ( 2013 ) 354 ITR 244 (GUJ.). 3. LEARNED DEPARTMENTAL REPRESENTATIVE FAILS TO REBUT THIS FACTUAL POSITION. 4. W E CONCLUDE IN THIS BACKDROP OF THE CASE TH AT TH E IMPUGNED PENALTIES HAVE NO LEGS TO STAND. THE SAME ARE ACCORDINGLY DELETED IN ALL THREE APPEALS. 5. THESE THREE ASSES S EES SUCCEED IN THEIR RESPECTIVE APPEALS. P RONOUNCED IN THE OPEN COURT TODAY ON THE 25 TH DAY OF JULY 2016. SD/ - SD/ - MANISH BORAD S.S. GODARA (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) AHMEDABAD, THE 25 TH DAY OF JULY , 2016 PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD