ITO 19(1)(1), MUMBAI V. ISHWAR SADAN CHS LTD, MUMBAI

ITA 3216/MUM/2014

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 2773 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-10-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2001-2002
• Appeal Filed On: 06-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL I BENCH, MUMBAI BEFORE S/SHRI B.R.BASKARAN (AM) AND SANJAY GARG, (JM) . . , , / I. T.A. NO . 3216 / MUM/20 1 4 ( / ASSESSMENT YEAR : 20 0 1 - 02 ) ASSTT.COMMISSIONER OF INCOME TAX - 23(3), ROOM NO.104, 1 ST FLOOR, MATRU MANDIR, MUMBAI. / VS. SHRI ISHWAR SADAN CO - OP HOUSING SOCIETY LTD., PLOT NO.601, 16 TH R OAD, TPS - III, BANDRA (W) , MUMBAI - 400050. ( / APPELLANT ) .. ( / RESPONDENT ) ./ ./PAN : AABAS0012N / AP PELLANT BY SHRI RAVINDER SINDHU / RESPONDENT BY SHRI PIYUSH CHHAJED / DATE OF HEARING : 29.10 .2015 / DATE OF PRONOUNCEMENT : 2 9 . 10 .2015 / O R D E R PER B.R.BASKARAN, ACCOUNTANT MEMBER: THE APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DATED 7. 2 .2014 PASSED BY LD CIT(A) - 3 0 , MUMBAI CANCELLING THE PENALTY LEVIED BY THE AO U/S 271(1)(C) OF THE INCOME TAX ACT, 1961. 2. AT THE TIME OF HEARING, THE LD. C OUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSMENT ORDER ON THE BASIS OF WHICH THE IMPUGNED PENALTY W AS LEVIED HAS SINCE BEEN ANNULLED BY THE TRIBUNAL VIDE ITS ORDER DATED 27.8.2014 PASSED IN ITA NO.2441/MUM/2011 (AY - 2001 - 02), ACCORDINGLY PRAYED FOR DISMISSAL OF THE APPEAL FILED BY THE REVENUE . ITA NO. 3216 /MUM/2014 2 3 . THE LD. DR DID NOT DISPUTE THE FACTUAL ASPECTS SUBMITTED BY THE LD. AR 4. SINCE, THE ASSESSMENT ORDER, ON THE BASIS OF WHICH THE PENALTY WAS LEVIED BY THE AO, HAS BEEN ANNULLED BY THE TRIBUNAL , PENALTY ORDER AND ALSO IMPUGNED APPELLATE ORDER DO NOT HAVE LEGS TO STAND ON ITS OWN. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE AGAINST THE APPELLATE ORDER IS LIABLE TO BE DISMISSED. WE ORDER A CCORDINGLY . 5 . IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISS ED . P RONOUNCED ACCORDINGLY IN THE OPEN COURT ON 2 9 TH OCT , 2015 . 2 9 TH OCT , 2015 SD SD ( / SANJAY GARG ) ( . . / B.R. BASKARAN) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI: 2 9 TH OCT, 2015 . . ./ SRL , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDE NT. 3. ( ) / THE CIT(A) - CONCERNED 4. / CIT CONCERNED 5. , , / DR, ITAT, MUMBAI CONCERNED 6. / GUARD FILE. / BY ORDER, TRUE COPY (ASSTT. REGISTRAR) , /ITAT, MUMBAI