M/S. SUNDER AUTOMOBILES PVT. LTD, MUMBAI V. THE ACIT 2(3), MUMBAI

ITA 2831/MUM/2008

• Counselvise Citation: [2009] 115 COUNSELVISE.COM (IT) 2669 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-12-2009
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 09-12-2009
• Assessment Year: 2002-2003
• Appeal Filed On: 24-04-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KESHAVE SAXENA
• Assessee Lawyers: B V JHAVERI
• Section: 271(1)(c); 27

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH, MUMBAI BEFORE SHRI R.K. PANDA, AM AND SHRI V.D. RAO, JM I.T.A. NO. 2831/MUM/2008 (ASSESSMENT YEAR 2002-2003) M/S. SUNDER AUTOMOBILES PVT. LTD. 4, MUNSHEW HOUSE, 22, RUSTOM SIDHWA MARG GUNBOW STREET, FORT, MUMBAI-400 023 PAN: AAECS5967M VS. THE ASST. CIT-2(3) AAYAKAR BHAVAN, M.K. MARG, MUMBAI-400 020 APPELLANT RESPONDENT APPELLANT BY: SHRI B.V. JHAVERI RESPONDENT BY: SHRI KESHAVE SAXENA O R D E R DATE OF HEARING: 09.12.2009 DATE OF ORDER: 11.12.2009 PER R.K. PANDA, AM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER DATED 22 ND JANUARY, 2008 OF THE CIT(A)-XXX, MUMBAI RELATING T O ASSESSMENT YEAR 2002-03. 2. THE ASSESSEE IN ITS GROUNDS OF APPEAL HAS CHALLENGE D THE ORDER OF THE CIT(A) IN CONFIRMING THE PENALTY LEVIED U/S. 27 1(1)(C) OF THE I.T. ACT, 1961. 3. THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE TRIBUNAL VIDE I.T.A. NO. 486/MUM/06 ORDER DATED 30 TH SEPTEMBER, 2009 FOR THE IMPUGNED ASSESSMENT YEAR HAS DELETED THE QUANTUM AD DITION. THEREFORE, THE PENALTY LEVIED ON SUCH ADDITIONS DOES NOT SURVI VE. 4. THE LEARNED DR FAIRLY CONCEDED ABOVE FACTS AS STATE D BY THE LEARNED COUNSEL FOR THE ASSESSEE. I.T.A. NO. 2831/MUM/2008 M/S. SUNDER AUTOMOBILES PVT. LTD. ======================= 2 5. SINCE THE TRIBUNAL HAS ALREADY DELETED THE QUANTUM ADDITION, THEREFORE, LEVY OF PENALTY U/S. 271(1)(C) OF THE AC T, IN OUR OPINION, DOES NOT SURVIVE. ACCORDINGLY THE SAME IS CANCELLED. T HE GROUNDS RAISED BY THE ASSESSEE ARE ACCORDINGLY ALLOWED. 6. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED ON 11 TH DECEMBER, 2009. SD/- (V.D. RAO) JUDICIAL MEMBER SD/- (R.K. PANDA) ACCOUNTANT MEMBER MUMBAI, DATED 11 TH DECEMBER, 2009 COPY TO: (1) THE APPELLANT, (2) THE RESPONDENT, (3) THE CIT(A)-XXX, THANE, (4) THE CIT-2, THANE, (5) THE DR, E BENCH, ITAT, MUMBAI. //TRUE COPY// BY ORDER ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI TPRAO