SYNERGY LOG-N SYSTEMS LTD ( NOW CALLED GOLBESYN INFOTECH LTD), MUMBAI V. DCIT CIR 7(1), MUMBAI

ITA 2591/MUM/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 59806 (ITAT-MUMBAI)
• Duration Of Justice: 9 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-02-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2003-2004
• Appeal Filed On: 05-04-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P C MAURYA
• Assessee Lawyers: VIDYA BANGERA

Judgement Text

IN THE INCOME TAX APPELLATE APPELLATE APPELLATE APPELLATE TRIBUNAL MUMBAI BENCH E MUMBAI BEFORE SHRI B.R.MITTAL, JUDICIALMEMBER & SHRI T.R.SOOD, ACCOUNTANT MEMBER I.T.A.NO.2591/MUM/2011 A.Y 2003-04 M/S. SYNERGY LOG-IN-SYSTEMS LTD., NOW CALLED GLOBSEYN INFOTECH LTD., NO. 401/402, SAMARTH VAIBHAV, LOKHANDWALA COMPLEX, OFF LINK ROAD, ANDHERI WEST, MUMBAI 400 053. PAN: AABCS 9108 H VS. DY. COMMISSIONER OF I.T., CIRCLE 7(1), MUMBAI. (APPELLANT) (RESPONDENT) APPELLANT BY : MS. VIDYA BANGERA. RESPONDENT BY : MR. P.C. MAURYA. DATE OF HEARING: 01-02-2012 DATE OF PRONOUNCEMENT: 01-02-2012 O R D E R PER T.R.SOOD, AM: IN THIS APPEAL VARIOUS GROUNDS HAVE BEEN TAKEN BUT THE ONLY DISPUTE INVOLVED IS REGARDING CONFIRMATION OF PENAL TY U/S.271(1). 2. BOTH THE PARTIES WERE HEARD. 3. AFTER CONSIDERING THE RIVAL SUBMISSIONS WE FIND THAT ADDITIONS ON WHICH PENALTY HAS BEEN LEVIED U/S.271(1) HAVE BEEN RESTORED TO THE FILE OF THE AO BY THE TRIBUNAL IN I.T.A.NO.6065/MUM /07 [COPY OF ORDER FILED ON RECORD]. THEREFORE, WE ARE OF THE VIEW THA T PENALTY PROCEEDINGS NEED TO BE SET ASIDE TO THE FILE OF THE AO. ACCORDINGLY, WE SET ASIDE THE ORDER OF THE LD. CIT(A) AND REMIT THE MATTER BACK TO THE ITA NO.2591 OF 2011 2 AO WITH A DIRECTION TO CONSIDER THE PENAL PROVISION S AFTER COMPLETION OF THE ASSESSMENT. 4. IN THE RESULT, ASSESSEES APPEAL IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY OF 1/2/2012. SD/- SD/- (B.R.MITTAL) (T.R.SOOD) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI: 01/02/ 2012. P/-*