HARISH D. GANDHI, MUMBAI V. ITO 11(2)3, MUMBAI

ITA 259/MUM/2010

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 4669 (ITAT-MUMBAI)
• Duration Of Justice: 8 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-09-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: H
• Assessment Year: 2003-2004
• Appeal Filed On: 11-01-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: O P SINGH
• Keywords: Gift

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H, MUMBAI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER & SHRI V. DURGA RAO, JUDICIAL MEMBER. I.T.A. NO. 259/MUM/2010 ASSESSMENT YEAR : 2003-04. HARISH D. GANDHI, THE INCOME-TAX OFFICER, SHOP NO. 3, GOMTI SMRUTI, VS . 11(2)(3), MUMBAI. JAMBLI GALLY, BORIVLI WEST, MUMBAI 400092. PAN AACPG8188K (APPELLANT) (RE SPONDENT) APPELLANT BY : SHRI SATISH MODY. RESPONDENT BY : O.P. SINGH. O R D E R PER J.SUDHAKAR REDDY, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AG AINST THE ORDER OF THE CIT(APPEALS)-3, MUMBAI DATED 16-11-2009 FOR T HE ASSESSMENT YEAR 2003-04 ON THE FOLLOWING GROUND. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE , THE LEARNED CIT(APPEALS)-3 LEGALLY ERRED IN CONFIRMING THE ACTI ON OF THE ASSESSING OFFICER IN LEVYING PENALTY U/S 271(1)(C) OF THE INCOME TAX ACT. 2. AFTER HEARING RIVAL CONTENTIONS, WE FIND THAT T HE PENALTY IN QUESTION HAS BEEN LEVIED ON THREE DIFFERENT ADDITIONS. IN TH E QUANTUM PROCEEDINGS, THE H- 2 BENCH OF THE TRIBUNAL IN ITA NO. 6911/MUM/2007 ORDE R DATED 4 TH JUNE, 2010 HAD SET ASIDE THE ADDITION PERTAINING TO A GIFT RECEIVE D BY THE ASSESSEE, TO THE FILE OF THE AO FOR FRESH ADJUDICATION. AS ONE OF THE ISSUES ON WHICH THE PENALTY WAS LEVIED, HAS BEEN SET ASIDE TO THE FILE OF THE AO FO R FRESH ADJUDICATION, WE ARE OF THE CONSIDERED OPINION THAT THIS PENALTY ORDER U/S 271(1)(C) SHOULD ALSO BE SET ASIDE TO THE FILE OF THE AO FOR FRESH ADJUDICATION, AFTER CONSIDERING THE FINDINGS IN THE QUANTUM ASSESSMENT. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS AL LOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON THIS 24 TH DAY OF SEPT., 2010. SD/- S D/- (V. DURGA RA (J. SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 24 TH SEPT. 2010. WAKODE COPY FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. C.I.T. 4. CIT(A) 5. DR, H-BENCH //TRUE COPY// BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI BENCHES