MANMOHAN R. GOYAL, MUMBAI V. ITO 12(3)(3), MUMBAI

ITA 3086/MUM/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 7759 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-03-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 1997-1998
• Appeal Filed On: 20-04-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ASHIMA GUPTA

Judgement Text

I.T.A NO.3086/ MUM/2010 MANMOHAN R GOYAL 1 IN THE INCOME TAX APPELLATE TRIBUNAL, F BENCH, MUMBAI. BEFORE SHRI N.V.VASUDEVAN, JUDICIAL MEMBER AND SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER I.T.A NO.3086/ MUM/2010 ASSESSMENT YEAR: 1997-98 MANMOHAN R GOYAL, .. APPELLANT BRADBOURNE STADIUM, 87, V.N. ROAD, CHURCHGATE, MUMBAI-20 PA NO.ABIPG 3313H VS INCOME TAX OFFICER 12(3)(3) . RESPONDEN T AAYAKAR BHAVAN, M.K. ROAD, MUMBAI. APPEARANCES: VIMAL PUNAMIYA, FOR THE APPELLANT ASHIMA GUPTA, FOR THE RESPONDENT O R D E R PER PRAMOD KUMAR: 1. BY WAY OF THIS APPEAL, THE ASSESSEE HAS CALLED INTO QUESTION CORRECTNESS OF CIT(A)S ORDER DATED 19 TH JANUARY, 2010, IN THE MATTER OF PENALTY UNDER SEC TION 271(1)(C) OF THE INCOME TAX ACT, 1961, FOR THE ASS ESSMENT YEAR 1997-98. 2. THE ONLY GROUND RAISED IN THIS APPEAL IS AGAINST CONFIRMATION OF PENALTY OF ` .1,88,940 UNDER SECTION 271(1)(C) OF THE I.T.ACT, 1 961. I.T.A NO.3086/ MUM/2010 MANMOHAN R GOYAL 2 3. AT THE TIME OF HEARING, LEARNED COUNSEL PRODUCED A COPY OF DECISION DATED 18 TH JUNE, 2010 IN ASSESSEES OWN CASE FOR THE ASSESSME NT YEAR 1997-98 IN QUANTUM APPEAL IN ITA NO.2188/M/2008 AND CONTENDED THAT AS THE VERY BASIS OF ADDITION REGARDING LEVY OF PENALTY HAS BEEN DELETED BY THE T RIBUNAL, THEREFORE, THE PENALTY HAS TO BE CANCELLED. LEARNED D.R. COULD NOT CONTROVERT TH E AFORESAID SUBMISSIONS OF EARNED COUNSEL FOR THE ASSESSEE. 4. HAVING HEARD THE RIVAL CONTENTIONS AND HAVING PE RUSED THE MATERIAL ON RECORD, AS WELL AS THE ORDER OF THE TRIBUNAL DATED 18 TH JUNE, 2010 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, THEREFORE, THE PENALTY ORD ER OF ASSESSING OFFICER HAS NO LEGS TO STAND. IN VIEW OF THIS, WE DIRECT THE ASSESSING OF FICER TO DELETE THE PENALTY OF ` .1,88,940. 5. IN THE RESULT, APPEAL IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON 31 ST MARCH, 2011 SD/- (N.V.VASUDEVAN) JUDICIAL MEMBER SD/- (PRAMOD KUMAR) (ACCOUNTANT MEMBER) MUMBAI, DATED 31 ST MARCH, 2011 PARIDA COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX (APPEALS),23, MUMBAI 4. COMMISSIONER OF INCOME TAX, XII , MUMBAI 5. DEPARTMENTAL REPRESENTATIVE, BENCH F, MUMBAI //TRUE COPY// BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI I.T.A NO.3086/ MUM/2010 MANMOHAN R GOYAL 3 DATE INITIALS 1. DRAFT DICTATED ON 31.3.2011 PS 2. DRAFT PLACED BEFORE AUTHOR 31.3 .2011 PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER AM/JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/J M 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.3086/ MUM/2010 MANMOHAN R GOYAL 4