RAVINDRA R FOTEDAR, MUMBAI V. ASST CIT CIR 10(2), MUMBAI

ITA 2773/MUM/2014

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 8882 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 6 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-10-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2009-2010
• Appeal Filed On: 22-04-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PURSHOTTAM KUMAR
• Assessee Lawyers: GOVIND JHAVERI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'D' BENCH, MUMBAI BEFORE SHRI P K BANSAL, VICE PRESIDENT AND SHRI R.L. NEGI, JUDICIAL MEMBER ITA NO.2773 /MUM/2014 (ASSESSMENT YEAR: 2009-10) SHRI RAVINDRA R. FOTEDAR VS. ACIT, CIRCLE - 10(2) 7, BHARAT TIRTH SOCIETY SION TROMBAY ROAD CHEMBUR, MUMBAI 400071 AAYAKAR BHAVAN, M.K. ROAD MUMBAI 400020 PAN AACPF1616R APPELLANT RESPONDENT APPELLANT BY: SHRI GOVIND JHAVERI RESPONDENT BY: SHRI PURSHOTTAM KUMAR DATE OF HEARING: 12.10.2017 DATE OF PRONOUNCEMENT: 23.10.2017 O R D E R PER P.K. BANSAL, VICE PRESIDENT THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF THE CIT(A)-22, MUMBAI DATED 07.02.2014 FOR A.Y. 2009-10 CONFIRMING PENALTY LEVIED BY THE AO UNDER SECTION 271(1)(C) OF THE INC OME TAX ACT. AFTER HEARING THE RIVAL SUBMISSIONS AND GOING THROU GH THE ORDERS OF THE TAX AUTHORITIES BELOW WE NOTED THAT THE ISSUE F OR WHICH THE ADDITION HAS BEEN MADE BY THE AO AND IN RESPECT OF WHICH THE PENALTY HAS BEEN LEVIED BY THE AO HAS BEEN CONSIDERED BY THIS TRIBUN AL WHEN THE QUANTUM APPEAL HAS TRAVELLED TO THE TRIBUNAL. THE TRIBUNAL SET ASIDE THE ORDER OF THE CIT(A) RESTORING THIS ISSUE TO THE FILE OF THE CIT(A) TO DECIDE THE QUANTUM APPEAL AFRESH. SINCE THE QUANTUM APPEAL HAS BEEN RESTORED TO THE CIT(A), WE THEREFORE SET ASIDE THE ORDER OF THE CIT(A) CONFIRMING THE PENALTY LEVIED BY THE AO AND RESTORE THIS ISSUE ALS O TO THE FILE OF THE CIT(A) TO DECIDE THIS ISSUE AFRESH AFTER GIVING OPPORTUNIT Y TO THE ASSESSEE AS IN OUR OPINION THE FINDING GIVEN IN THE QUANTUM APPEAL WILL HAVE BEARING ON LEVY OF PENALTY UNDER SECTION 271(1)(C) OF THE ACT. ITA NO. 2773/MUM/2014 SHRI RAVINDRA R. FOTEDAR 2 2. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE STA NDS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 23 RD OCTOBER, 2017. SD/ - SD/ - (R.L. NEGI) (P.K. BANSAL) JUDICIAL MEMBER VICE PRESIDENT MUMBAI, DATED: 23 RD OCTOBER, 2017 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) -22, MUMBAI 4. THE CIT - 10, MUMBAI 5. THE DR, D BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.