Snita Transport Pvt. Ltd., Baroda V. The Income tax Officer,Ward-2(2), Baroda

ITA 3347/AHD/2009

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 57115 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 1 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-01-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 25-01-2012
• Assessment Year: 2000-2001
• Appeal Filed On: 18-12-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: S N SOPARKAR

Judgement Text

-1- IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH 'C' BEFORE SHRI D K TYAGI - JM AND SHRI A MOHAN ALANKAMONY AM ITA NO.4478/AHD/2007 (ASSESSMENT YEAR:-1999-2000) A N D ITA NO.3347/AHD/2009 (ASSESSMENT YEAR:-2000-01) M/S SNITA TRANSPORT CO., 1007, GIDC, RANOLI, BARODA V/S THE INCOME-TAX OFFICER, WARD-2(2), BARODA PAN: AAGFS 0718 A [APPELLANT] [RESPONDENT] ASSESSEE BY :- SHRI S N SOPARKAR, AR REVENUE BY:- SHRI VINOD TANWANI, SR. DR DATE OF HEARING:- 25-01-2012 DATE OF PRONOUNCEMENT:- 25-01-2012 O R D E R PER D K TYAGI (JM) :- THESE TWO APPEALS HAVE BEEN FILED BY THE ASSESSEE AGAINST TWO SEPARATE ORDERS DATED 26-1 0-2007 AND 28-10-2009 PASSED BY THE LEARNED CIT(A)-II, BARODA FOR ASSESSMENT YEARS 1999-2000 AND 2000-01, WHEREBY THE LEARNED CIT(A) HAS CONFIRMED LEVY OF PENALTY U/S 271(1)(C) OF THE ACT LEVIED BY THE AO OF RS.10,98,349/- AND RS.7,96,500/ - RESPECTIVELY. 2 2 AT THE TIME OF HEARING BOTH THE PARTIES AGREED TH AT THESE APPEALS REQUIRE TO BE SET ASIDE TO THE FILE OF THE AO AS THE FACTS ABOUT THE ADDITIONS MADE IN THESE CASES AND THE AMO UNTS ON THE BASIS OF WHICH PENALTY HAVE BEEN IMPOSED, ARE NOT C LEAR. THEREFORE, THESE APPEALS ARE RESTORED BACK TO THE F ILE OF THE AO WITH A DIRECTION TO DECIDE THE MATTER AFRESH. 3 IN THE RESULT, BOTH THE APPEALS ARE ALLOWED FOR S TATISTICAL PURPOSE. ORDER PRONOUNCED IN THE COURT TODAY ON 25-01-2012 SD/- SD/- (A MOHAN ALANKAMONY) ACCOUNTANT MEMBER (D K TYAGI) JUDICIAL MEMBER DATE : 25-01-2012 COPY OF THE ORDER FORWARDED TO: 1. M/S SNITA TRANSPORT CO., 1007, GIDC, RANOLI, BAR ODA 2. THE INCOME-TAX OFFICER, WARD-2(2), BARODA 3. CIT CONCERNED 4. CIT(A)-II, BARODA 5. DR, ITAT, AHMEDABAD BENCH-C, AHMEDABAD 6. GUARD FILE BY ORDER DEPUTY REGISTRAR ASSISTANT REGISTRAR ITAT, AHMEDABAD