QUALITY ENTEX P.LTD, MUMBAI V. ACIT 1(3), MUMBAI

ITA 2749/MUM/2011

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 71410 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 6 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-10-2013
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: D
• Next Hearing Date: 14-10-2013
• Assessment Year: 2004-2005
• Appeal Filed On: 08-04-2011
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI . . , . ! , ' # BEFORE SHRI I.P. BANSAL, JM AND RAJENDRA, AM ./ I.T.A. NO.2749/MUM/2011 ( $ $ $ $ % % % % / ASSESSMENT YEAR : 2004-05 QUALITY INTEX PVT. LTD. UNIT NO.130, 1 ST FLOOR, B-1, SONAL INDUSTRIAL ESTATE, LINK ROAD, KACHAPADA, MALAD(W), MUMBAI 400064 $ $ $ $ / VS. THE INCOME TAX OFFICER, WARD 9(3)(4), AAYKAR BHAVAN, 101, MK ROAD, MUMBAI 400020 & ' ./ ' ./ PAN/GIR NO. : AAACQ 0695G ( &( / APPELLANT ) .. ( )*&( / RESPONDENT ) &( + / APPELLANT BY: NONE )*&( , + / RESPONDENT BY : SHRI SANJEEV JAIN $ , -' / DATE OF HEARING : 14/10/2013 ./% , -' / DATE OF PRONOUNCEMENT : 14/10/2013 0 / O R D E R PER I.P.BANSAL,J.M: THIS IS AN APPEAL FILED BY THE ASSESSEE. IT IS D IRECTED AGAINST THE ORDER PASSED BY LD. CIT(A)-20, MUMBAI DATED 07/02/2011 FOR ASSESSMENT YEAR 2003- 04. THE SOLE GRIEVANCE OF THE ASSESSEE IS REGARDIN G SUSTENANCE OF CONCEALMENT PENALTY OF RS. 1,75,000/-. 2. THE NOTICE OF HEARING WAS SENT TO THE ASSESSEE, HOWEVER, NONE WAS PRESENT ON BEHALF OF THE ASSESSEE. AT THE TIME OF HEARING LD. DR SUBMITTED THAT THE QUANTUM PROCEEDINGS HAVE BEEN RESTORED TO THE FILE OF AO BY THE TRIBUNAL VIDE ORDER DATED 25/05/2012 IN ITA NO.2391/MUM/2009. HE HAS PLACED ON RECORD A COPY OF THE AFOREMENTIONED ORDER OF THE TRIBUNAL. FROM THE SAID COPY OF THE ./ I.T.A. NO.2749/MUM/2011 ( $ $ $ $ % % % % / ASSESSMENT YEAR : 2004-05 2 ORDER IT WAS OBSERVED THAT THE ISSUE REGARDING ADD ITION OF RS.4,55,059/- PERTAINING TO THREE PARTIES NAMELY RS.1,42,079/- IN THE NAME OF M/S. TREND PHARMA P. LTD.; RS.2,07,980/- IN THE NAME OF M/S. G OPAL DAS VISHRAM & COMPANY AND RS.1,05,000/- IN THE NAME OF M/S. P.R. ENTERPRISES WAS RESTORED BACK TO THE FILE OF A.O. 3. IN THIS VIEW OF THE SITUATION, AFTER HEARING LD. DR, AS THE QUANTUM HAS ALREADY BEEN RESTORED TO THE FILE OF AO, WE RESTORE THESE PROCEEDINGS ALSO TO THE FILE OF AO WITH A DIRECTION TO RE-ADJUDICATE THE SA ME AFTER DECIDING THE ISSUE OF QUANTUM. WE DIRECT ACCORDINGLY. 4. IN THE RESULT, FOR STATISTICAL PURPOSES THE APPE AL FILED BY THE ASSESSEE IS TREATED AS ALLOWED IN THE MANNER AFORESAID. ORDER PRONOUNCED IN THE OPEN COURT ON 14 /10/2013 0 , ./% ' 1 2$3 14 /10//2013 / , 4 SD/- SD/- ! (RAJENDRA) . . (I.P.BANSAL) ' /ACCOUNTANT MEMBER /JUDICIAL MEMBER MUMBAI; 2$ DATED 14/10/2013 . $ . .VM , SR. PS 0 0 0 0 , ,, , )-56 )-56 )-56 )-56 7 6%- 7 6%- 7 6%- 7 6%- / COPY OF THE ORDER FORWARDED TO : 1. &( / THE APPELLANT 2. )*&( / THE RESPONDENT. 3. 8 ( ) / THE CIT(A)- 4. 8 / CIT 5. 694 )-$ , , / DR, ITAT, MUMBAI 6. 4: ; / GUARD FILE. 0$ 0$ 0$ 0$ / BY ORDER, *6- )- //TRUE COPY// < << < / = = = = (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI