The ITO, Ward-9(4), Ahmedabad V. Mukesh Travels Co., Ahmedabad

ITA 2689/AHD/2012

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 94422 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 9 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-09-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 09-09-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 30-11-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NARENDRA SINGH

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, AHMEDABAD BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT AND SHRI RAJPAL YADAV, JUDICIAL MEMBER ./ ITA NO. 2689/AHD/2012 / ASSESSMENT YEAR: 2007-08 INCOME-TAX OFFICER, WARD-9(4), AHMEDABAD VS. M/S. MUKESH TRAVELS CO., 160-NEW CLOTH MARKET, RAIPUR GATE, AHMEDABAD PAN : AAEFM 8507 A / (APPELLANT) / (RESPONDENT) REVENUE BY : SHRI NARENDRA SINGH, SR DR ASSESSEE(S) BY : SHRI TEJ SHAH, AR !'#$ / DATE OF HEARING : 09/09/2015 %& '#$ / DATE OF PRONOUNCEMENT: 11/09/2015 / O R D E R PER G.D. AGRAWAL, VICE PRESIDENT: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS)-XV, AH MEDABAD DATED 13.09.2012 FOR ASSESSMENT YEAR 2007-08. 2. THE ONLY GROUND RAISED BY THE REVENUE IN THIS AP PEAL IS AGAINST THE DELETION OF PENALTY OF RS.14,58,656/- LEVIED BY THE ASSESSING OFFICER U/S 271(1)(C). 3. AT THE TIME OF HEARING BEFORE US, IT WAS POINTED OUT BY THE LEARNED COUNSEL FOR THE ASSESSEE THAT THE PENALTY U /S 271(1)(C) WAS LEVIED ON ACCOUNT OF DISALLOWANCE U/S. 40(A)(IA), AMOUNTING TO RS.42,84,497/-. IT WAS POINTED OUT BY THE LEARNED COUNSEL FOR THE ITA NO. 2689/AHD/2012 ITO VS. M/S. MUKESH TRAVELS CO AY 2007-08 2 ASSESSEE THAT THE DISALLOWANCE HAS BEEN DELETED BY THE ITAT VIDE ITS ORDER DATED 12.04.2013 IN ITA NO. 2594/AHD/2010. C OPY OF THE ORDER HAS BEEN PLACED ON RECORD. SINCE THE ADDITION IN R ESPECT OF WHICH THE PENALTY U/S 271(1)(C) WAS LEVIED HAS BEEN DELETED, THE PENALTY BASED UPON SUCH ADDITION CANNOT SURVIVE. WE, THEREFORE, U PHOLD THE ORDER OF THE CIT(A) AND DISMISS THE APPEAL FILED BY THE REVE NUE. 4. IN THE RESULT, THE REVENUES APPEAL IS DISMISSED . ORDER PRONOUNCED IN THE COURT ON 11 TH SEPTEMBER, 2015 AT AHMEDABAD. SD/- SD/- (RAJPAL YADAV) JUDICIAL MEMBER (G.D. AGRAWAL) VICE-PRESIDENT AHMEDABAD; DATED 11/09/2015 BIJU T., PS / COPY OF THE ORDER FORWARDED TO : 1. '( / THE APPELLANT 2. )*'( / THE RESPONDENT. 3. # +# / CONCERNED CIT 4. +# ( ) / THE CIT(A) 5. ./0 )# , , / D R, ITAT, AHMEDABAD 6. 012! / GUARD FILE . / BY ORDER, TRUE COPY / ( DY./ASSTT.REGISTRAR) ! '#$, / ITAT, AHMEDABAD