Harsh Corporation , Ahmedabad V. Income Tax Officer, Ahmedabad

ITA 3087/AHD/2014

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 7954 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 1 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-12-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2007-2008
• Appeal Filed On: 21-11-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V K SINGH HEARING CONCLUDED O

Judgement Text

ITA NO.3087/AHD/2014 ASSESSMENT YEAR: 2007-08 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR AM AND S S GODARA JM] ITA NO.3087/AHD/2014 ASSESSMENT YEAR: 2007-08 HARSH CORPORATION, .....................APPELLANT 7, GUNATITPARK SOCIETY, NEAR SHAYONA CITY, GHATLODIA, AHMEDABAD 380 061. [PAN: AAMFM 4639 D] VS. INCOME TAX OFFICER, ................... RESPONDENT WARD 9(2), AHMEDABAD. APPEARANCES BY PRITESH SHAH FOR THE APPELLANT V.K. SINGH FOR THE RESPONDENT HEARING CONCLUDED ON: 20.12.2017 ORDER PRONOUNCED ON : 22.12.2017 O R D E R PER PRAMOD KUMAR, AM: 1. BY WAY OF THIS APPEAL, THE ASSESSEE APPELLANT HA S CALLED INTO QUESTION CORRECTNESS OF LEARNED CIT(A)S ORDER DATED 23.09.2 014 CONFIRMING PENALTY OF RS.9,88,473/- IMPOSED ON THE ASSESSEE UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT YEAR 2007-08. 2. WHEN THIS APPEAL WAS CALLED OUT FOR HEARING, LEA RNED COUNSEL FOR THE ASSESSEE INVITED OUR ATTENTION TO THE FACT THAT THE RELATED QUANTUM ASSESSMENT STANDS REMITTED TO THE FILE OF THE LEARNED CIT(A). IN THIS VIEW OF TH E MATTER, THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITS, THIS PENALTY SHOULD ALSO BE RESTO RED TO FILE OF THE ASSESSING OFFICER ITA NO.3087/AHD/2014 ASSESSMENT YEAR: 2007-08 PAGE 2 OF 2 FOR FRESH ADJUDICATION, AFTER FINALISING THE QUANTU M PROCEEDINGS. WHILE DOING SO, THE ASSESSING OFFICER SHALL DECIDE THE MATTER IN ACCORD ANCE WITH LAW BY WAY OF A SPEAKING ORDER AND AFTER GIVING DUE AND FAIR OPPORTUNITY OF HEARING TO THE ASSESSEE. 3. LEARNED DEPARTMENTAL REPRESENTATIVE DOES NOT OPP OSE THE PRAYER SO MADE BY THE ASSESSEE. 4. IN VIEW OF THE ABOVE DISCUSSION, WE DEEM IT FIT AND PROPER TO REMIT THE MATTER TO THE FILE OF THE ASSESSING OFFICER FOR FRESH ADJUDIC ATION AFTER FINALISATION OF QUANTUM PROCEEDINGS. WE ORDER SO. 5. IN THE RESULT, APPEAL STANDS ALLOWED FOR STATIST ICAL PURPOSES. PRONOUNCED IN THE OPEN COURT ON THIS 22 ND DAY OF DECEMBER, 2017. SD/- SD/- S S GODARA PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEM BER) DATED: 22 ND DECEMBER, 2017. PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD