MOHAMMED SHAMIM BADGUJAR, MUMBAI V. ASST CIT 19(2), MUMBAI

ITA 2487/MUM/2015

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 1076 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 11 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-04-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 28-04-2017
• Assessment Year: 1990-1991
• Appeal Filed On: 30-04-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M C OMI NINGSHEN
• Assessee Lawyers: ASHOK L SHARMA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES D , MUMBAI BEFORE S HRI B.R. BASKARAN (AM) AND SHRI RAM LAL NEGI (JM) ITA NO. 2487 /MUM/20 1 5 ASSESSMENT YEAR: 1990 - 1991 SHRI MOHAMMAD SHAMIM BADGUJAR, C - 1/46, KHIRA NAGAR, S.V. ROAD, SANTACRUZ (WEST), MUMBAI - 400012 PAN: AAEPB8219Q VS. THE ASSISTANT COMMISSIONER OF INCOME TAX - CIRCLE 19(2), PIRAMAL CHAMBER, LALBAUG, PAREL, MUMBAI - 400012 (APPELLANT) (RESPONDENT) APPELLANT BY : SH. ASHOK L. SHARMA (AR) RESPONDENT BY : SH. M.C. OMI NINGSH EN (DR) DATE OF HEARING: 28 /04 /201 7 DATE OF PRONOUNCEMENT: 28 / 0 4 /201 7 O R D E R PER RAM LAL NEGI, JM THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST ORDER DATED 11/02/2015 PASSED BY THE LD. CIT (A) - 34, MUMBAI CONFIRM ING THE PENALTY OF RS. 3,00,000/ - LEVIED BY THE ASSESSING OFFICER U/S 271 (1) (C) OF THE ACT FOR A.Y. 1990 - 91. 2. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE RECORD. THE AO HAS LEVIED THE PENALTY ON THE FOLLOWING ADDITIONS : A) ADDITION MADE U/S 68 OF THE ACT RS. 2,40,000/ - . B) ADDITION MADE U/S 69 OF THE ACT RS. 2,50,000/ - . TOTAL RS. 4,90,000/ - 2 ITA NO. 2487/MUM/2015 ASSESSMENT YEAR: 1990 - 91 SINCE, THE LD. CIT(A) CONFIRMED THE PENALTY THE ASSESSEE HAS FILED THE PRESENT APPEAL B EFORE THE TRIBUNAL. 3. A T THE TIME OF HEARING, THE LD. A R SUBMITTED THAT THE ASSESSEE HAS CHALLENGED BOTH THE ADDITIONS IN THE QUANTUM OF APPEAL BEFORE THE ITAT. HE FURTHER SUBMITTED THAT SINCE THE T RIBUNAL HAS DELETED BOTH THE ADDITIONS VIDE ITS ORDER DA TED 21/08/2015 PASSED IN ITA NO. 2066/M/2011 , THE IMPUGNED PENALTY IS LIABLE TO BE DELETED . 4. THE LD. DR DID NOT CONTROVERT THE FACTS PRESENTED BY LD. AR. WE HAVE ALSO GONE THROUGH THE ORDER DATED 21/08/2015 PASSED BY THE TRIBUNAL IN THE QUANTUM APPEAL . WE NOTICE THAT THE ADDITION OF RS. 2,40,000/ - MADE U/S 68 OF THE ACT HAS BEEN DELETED BY THE TRIBUNAL, VIDE PARAGRAPH 9 OF ITS ORDER. SIMILARLY , THE ADDITION OF RS. 2,50,000/ - MADE U/S 69 OF THE ACT HAS BEEN DELETED BY THE TRIBUNAL VIDE PARAGRAPH 13 O F THE ORDER. SINCE BOTH THE ADDITION S HAVE BEEN DELETED , THE IMPUGNED PENALTY IS LIABLE TO BE DELETED . C ONSEQUENTLY , WE SET ASIDE THE IMPUGNED ORDER PASSED BY THE LD. CIT (A) AND DIRECT THE AO TO DELETE THE PENALTY . IN THE RESULT, APPEAL FILED BY THE ASSES SEE FOR THE ASSESSMENT YEAR 1990 - 91 IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT 28 TH APRIL , 2017 . SD/ - SD/ - ( B.R. BASKARAN ) ( RAM LAL NEGI ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; DATED: 28 / 0 4 / 2017 ALINDRA , PS 3 ITA NO. 2487/MUM/2015 ASSESSMENT YEAR: 1990 - 91 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDE NT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI