VANITA SATRA, MUMBAI V. ITO WD 3(4), THANE

ITA 2958/MUM/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 8472 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-02-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 1998-1999
• Appeal Filed On: 15-04-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

I.T.A NO.2958/ MUM/2010 SMT. VANITA SATRA 1 IN THE INCOME TAX APPELLATE TRIBUNAL, F BENCH, MUMBAI. [ CORAM: PRAMOD KUMAR, AM AND R.S.PADVEKAR, JM ] I.T.A NO.2958/ MUM/2010 ASSESSMENT YEAR: 1998-1999 SMT. VANITA SATRA, .. APPELLANT C/O. MOHANLAL JAIN & CO. 10, CHARTERED HOUSE, GR. FLOOR, DR. C.HG.STREET, MARINE LINES, MUMBAI-02. PA NO.AYMPS 0829 H VS INCOME TAX OFFICER WARD 3(4) ,. RESPONDEN T VARDAAN 9 TH FLOOR, MIDC WAGLE IND. ESTATE, THANE. APPEARANCES: VIJAY KOTHARI, FOR THE APPELLANT SUNIL KUMAR SINGH, FOR THE RESPONDENT O R D E R PER PRAMOD KUMAR: 1. THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AG AINST ORDER DATED 28 TH JANUARY, 2010 OF THE CIT (A)-I, THANE, IN THE MATTER OF PENA LTY UNDER SECTION 271(1) OF THE INCOME TAX ACT FOR THE ASSESSMENT YEAR 1998-1999. 2. AT THE TIME OF HEARING, LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT AS THE VERY BASIS OF ADDITION REGARDING LEVY OF PENALTY HA S BEEN DELETED BY THE TRIBUNAL IN I.T.A NO.2958/ MUM/2010 SMT. VANITA SATRA 2 QUANTUM APPEAL VIDE ORDER DATED 13 TH AUGUST, 2010 IN ITA NO.533/M/2006 FOR THE ASSESSMENT YEAR 1998-99, A COPY OF WHICH IS PLACED ON RECORD, THE PENALTY HAS TO BE CANCELLED. LEARNED D.R. COULD NOT CONTROVERT THE A FORESAID SUBMISSIONS OF LEARNED COUNSEL FOR THE ASSESSEE. 4. WE HAVE HEARD THE RIVAL CONTENTIONS AND HAVE PER USED THE MATERIAL ON RECORD AS WELL AS THE ORDER OF THE TRIBUNAL DATED 13.8.201 0 IN QUANTUM APPEAL (SUPRA). SINCE THE ADDITION IN QUANTUM APPEAL, WHICH WAS THE VERY BASIS OF LEVYING THE PENALTY, HAS BEEN DELETED BY THE TRIBUNAL, THEREFOR E, THE PENALTY ORDER OF ASSESSING OFFICER HAS NO LEGS TO STAND. IN VIEW OF THIS, WE UPHOLD THE GRIEVANCE OF THE ASSESSEE AND DIRECT THE AO TO DELETE THE PENALTY OF RS. 1,88 ,841/- LEVIED BY THE AO UNDER SECTION 271(1) OF THE INCOME TAX ACT, 1961. 5. IN THE RESULT, THE APPEAL IS ALLOWED PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARI NG I.E. ON 21 ST FEBRUARY, 2011. SD/- (R.S.PADVEKAR ) (JUDICIAL MEMBER) SD/- (PRAMOD KUMAR) (ACCOUNTANT MEMBER) MUMBAI, DATED 21 ST FEBRUARY, 2011 PARIDA COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX (APPEALS),1, THANE 4. COMMISSIONER OF INCOME TAX-II, THANE 5. DEPARTMENTAL REPRESENTATIVE, BENCH F, MUMBAI //TRUE COPY// BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI I.T.A NO.2958/ MUM/2010 SMT. VANITA SATRA 3 DATE INITIALS 1. DRAFT DICTATED ON 21.2. 2011 PS 2. DRAFT PLACED BEFORE AUTHOR 21.2.2011 PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER AM/JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/JM 5. APPROVED DRAFT COMES TO THE SR. PS PS 6. KEPT FOR PRONOUNCEMENT ON PS 7. FILE SENT TO THE BENCH CLERK PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE ON WHICH FILE GOES TO A.R. 10. DATE OF DISPATCH OF ORDER I.T.A NO.2958/ MUM/2010 SMT. VANITA SATRA 4