THEORY M INTERACTIVE P. LTD, MUMBAI V. DCIT 9(3), MUMBAI

ITA 3088/MUM/2013

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 3898 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 3 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-08-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 03-08-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 22-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: KEYURI DESAI

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL E B ENCH, MUMBAI BEFORE SHRI C.N. PRASAD, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER / I .TA NO. 3088/MUM/2013 ( / ASSESSMENT YEAR: 2006-07 THEORY M INTERACTIVE PVT. LTD., 202, STEEL HOUSE, 24, MAHAKALI CAVES ROAD, ANDHERI (E), MUMBAI-400 093 / VS. THE DCIT - 9(3), AAYAKAR BHAVAN, M.K. ROAD, MUMBAI-400 020 ./ ./ PAN/GIR NO. AAACT 1678E ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY: MS. KEYURI DESAI / RESPONDENT BY: SHRI SUNIL KUMAR AGARWAL / DATE OF HEARING :08.08.2016 ! / DATE OF PRONOUNCEMENT :08.08.2016 / O R D E R PER C.N. PRASAD, JM: THIS APPEAL IS FILED BY THE ASSESSEE CHALLENGING THE ORDER OF THE LD. CIT(A)-20, MUMBAI DATED 20.02.2013 IN SUSTA INING THE PENALTY ORDER PASSED U/S. 271(1)(C) FOR THE ASSESSM ENT YEAR 2006- 07. 2. THE LD. COUNSEL FOR THE ASSESSEE SUBMITS THAT TH E APPEAL FILED BY THE ASSESSEE IN QUANTUM PROCEEDINGS HAS BEEN SET ASIDE TO THE FILE OF THE ASSESSING OFFICER FOR FRESH ADJUDICATION IN ACCORDANCE WITH LAW, ITA NO.3088/M/2013 2 THEREFORE, PENALTY ORDER WILL NOT SURVIVE. THE LD. COUNSEL FOR THE ASSESSEE PLACED A COPY OF THE ORDER OF THE TRIBUNAL IN ITA NO. 617 OF 2011 DATED 12.11.2014 ON RECORD. 3. THE LD. DEPARTMENTAL REPRESENTATIVE HAS NO SERIO US OBJECTION IN REMITTING THE PENALTY PROCEEDINGS. 4. ON HEARING BOTH THE SIDES AND ALSO PERUSING THE ORDER OF THE TRIBUNAL IN QUANTUM PROCEEDINGS, IT IS OBSERVED THA T THE WHOLE ASSESSMENT HAS BEEN SET ASIDE BY THE CO-ORDINATE BE NCH SINCE ASSESSMENT WAS COMPLETED EX-PARTY WITHOUT PROPER OP PORTUNITY TO THE ASSESSEE. WE ALSO FIND THAT ADDITIONAL EVIDENC ES HAVE ALSO SUBMITTED BY THE ASSESSEE IN RESPECT OF THE ADDITIO NS MADE IN THE QUANTUM ASSESSMENTS. IN THE CIRCUMSTANCES, THE CO- ORDINATE BENCH RESTORED THE ASSESSMENT TO THE FILE OF THE ASSESSIN G OFFICER FOR FRESH ADJUDICATION. THEREFORE, SINCE THE ENTIRE ASSESSME NT HAS BEEN RESTORED TO THE FILE OF THE ASSESSING OFFICER, WE R ESTORE THE PENALTY PROCEEDINGS ALSO TO THE FILE OF THE ASSESSING OFFIC ER WHO SHALL PASS NECESSARY ORDERS AFTER COMPLETION OF THE CONSEQUENT IAL ASSESSMENT. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH AUGUST, 2016. SD/- SD/- (RAMIT KOCHAR) (C.N. PRASAD ) / ACCOUNTANT MEMBER $ % /JUDICIAL MEMBER MUMBAI; ( DATED 8 TH AUGUST, 2016 . % . ./ RJ , SR. PS ITA NO.3088/M/2013 3 !'#$#! / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ) ( ) / THE CIT(A)- 4. ) / CIT 5. *+ ,%%-. , -.! , / DR, ITAT, MUMBAI 6. , /01 / GUARD FILE. / BY ORDER, *% //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI