MAGNATE MARKETING SERVICES P. LTD, MUMBAI V. ITO 9(2)(3), MUMBAI

ITA 2616/MUM/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 101276 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-10-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 17-04-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MAURYA PRATAPDR
• Keywords: Opportunity of being heard; Additional evidence

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B, MUMBAI , , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER, AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER ITA NO.2616/MUM/2014 ASSESSMENT YEAR 2006-07 M/S MAGNATE MARKETING SERVICES PVT. LTD. 24, 2 ND FLOOR, JAY KAY INDUSTRIAL ESTATE, LINKING ROAD, EXTN. SANTACRUZ (WEST), MUMBAI-400054 / VS. INCOME TAX OFFICER-9(2)(3), AAYAKAR BHAVAN, M.K. ROAD, MUMBAI-400020 ( !' # /ASSESSEE) ( $ / REVENUE) PAN. NO. AACCM8542N !' # / ASSESSEE BY SHRI RUTURAJ H. GURJAR $ / REVENUE BY SHRI MAURYA PRATAP-DR $% & # ' / DATE OF HEARING : 12/10/2015 & # ' / DATE OF ORDER: 14/10/2015 / O R D E R PER JOGINDER SINGH (JUDICIAL MEMBER) THE ASSESSEE IS AGGRIEVED BY THE IMPUGNED ORDER DA TED 07/01/2014 OF THE LD. FIRST APPELLATE AUTHORITY, MU MBAI, IMPOSING/CONFIRMING PENALTY U/S 271(1)(C) OF THE IN COME TAX ACT, 1961 (HEREINAFTER THE ACT). 2. DURING HEARING OF THIS APPEAL, THE LD. COUNSEL FOR THE ASSESSEE, SHRI RUTURAJ H. GURJAR, CONTENDED THA T THE M/S MAGNATE MARKETING SERVICES P. LTD. ITA NO.2616/MUM/2014 2 TRIBUNAL HAS SENT BACK THE QUANTUM ADDITION TO THE FILE OF THE LD. ASSESSING OFFICER TO ADMIT THE ADDITIONAL E VIDENCE AND TO ADJUDICATE THE ISSUE AFRESH AFTER GRANTING REASO NABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE, THEREFO RE, THE PENALTY MAY BE DELETED. 2.1. ON THE OTHER HAND, THE LD. DR, SHRI MAURYA PR ATAP, DEFENDED THE IMPOSITION OF PENALTY BUT HAD NO OBJEC TION IF THE PENALTY APPEAL IS ALSO SENT TO THE FILE OF THE ASSE SSING OFFICER. 2.2. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IN VIEW O F THE ABOVE, ORDER OF THE TRIBUNAL DATED 22/07/2015, ITA NO.2615/MUM/2014 (QUANTUM APPEAL), WHEREIN, THE TRIBUNAL HAS SENT THE QUANTUM ADDITION TO THE FILE OF THE LD. ASSESSING OFFICER FOR FRESH ADJUDICATION AFTER ADMI TTING THE ADDITIONAL EVIDENCE, THEREFORE, WE SENT THE PENALTY APPEAL ALSO TO THE FILE OF THE ASSESSING OFFICER TO DECIDE IN ACCORDANCE WITH LAW ON THE BASIS OF OUTCOME OF THE QUANTUM ADDITION. THUS, THE APPEAL OF THE ASSESSEE IS ALLO WED FOR STATISTICAL PURPOSES. FINALLY, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF LD. REPRESENTATIVES FROM BOTH SIDES AT THE CONCLUSION OF THE HEARING ON 12/10/2015. SD/- SD/- ( RAJESH KUMAR ) (JOGINDER SINGH) '# / ACCOUNTANT MEMBER $# / JUDICIAL MEMBER M/S MAGNATE MARKETING SERVICES P. LTD. ITA NO.2616/MUM/2014 3 % MUMBAI; ( DATED : 14/10/2015 F{X~{T? P.S/. . . %$&'()(*& / COPY OF THE ORDER FORWARDED TO : 1. *+,- / THE APPELLANT 2. ./,- / THE RESPONDENT. 3. 0 0 1# ( *+ ) / THE CIT, MUMBAI. 4. 0 0 1# / CIT(A)- , MUMBAI 5. 3$4 .# , 0 *+' * 5 , % / DR, ITAT, MUMBAI 6. 6! 7% / GUARD FILE. / BY ORDER, /3+# .# //TRUE COPY// / (DY./ASSTT. REGISTRAR) , % / ITAT, MUMBAI.