GROWTH AVENUES LTD., Surat V. THE Dy.CIT., Circle-1, Surat

ITA 3644/AHD/2008

• Counselvise Citation: 364420514 RSA 2008
• Duration Of Justice: 2 year(s) 10 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-09-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 14-09-2011
• Assessment Year: 2000-2001
• Appeal Filed On: 05-11-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

- 1 - IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH CAHMEDABAD BEFORE S/SHRI D. K. TYAGI, J.M. AND A. K. GARODIA, A.M. M/S GROWTH AVENUES LTD., 409, SUPER TEX TOWER, OPP. KINNERY CINEMA, RING ROAD, SURAT. DY. CIT, CIRCLE-1, SURAT. APPELLANT VS. RESPONDENT DY. CIT, CIRCLE-1, SURAT. M/S GROWTH AVENUES LTD., 409, SUPER TEX TOWER, OPP. KINNERY CINEMA, RING ROAD, SURAT. APPELLANT VS. RESPONDENT DY. CIT, CIRCLE-1, SURAT. M/S GROWTH AVENUES LTD., 409, SUPER TEX TOWER, OPP. KINNERY CINEMA, RING ROAD, SURAT. APPELLANT VS. RESPONDENT ITA NO.4004/AHD/2008 ASST. YEAR 1998-99 ITA NO.4025/AHD/2008 ASST. YEAR 1998-99 ITA NO.4026/AHD/2008 ASST. YEAR 1999-00 2 M/S GROWTH AVENUES LTD., 409, SUPER TEX TOWER, OPP. KINNERY CINEMA, RING ROAD, SURAT. DY. CIT, CIRCLE-1, SURAT. APPELLANT VS. RESPONDENT DY. CIT, CIRCLE-1, SURAT. M/S GROWTH AVENUES LTD., 409, SUPER TEX TOWER, OPP. KINNERY CINEMA, RING ROAD, SURAT. APPELLANT VS. RESPONDENT DY. CIT, CIRCLE-1, SURAT. M/S GROWTH AVENUES LTD., 409, SUPER TEX TOWER, OPP. KINNERY CINEMA, RING ROAD, SURAT. APPELLANT VS. RESPONDENT M/S GROWTH AVENUES LTD., 409, SUPER TEX TOWER, OPP. KINNERY CINEMA, RING ROAD, SURAT. VS. DY. CIT, CIRCLE-1, SURAT. ITA NO.3644/AHD/2008 ASST. YEAR 2000-01 ITA NO.3700/AHD/2008 ASST. YEAR 2000-01 ITA NO.3910/AHD/2008 ASST. YEAR 2003-04 ITA NO.3966/AHD/2008 ASST. YEAR 2003-04 3 APPELLANT RESPONDENT ASSESSEE BY :- NONE REVENUE BY:- SHRI VINOD TANWANI, SR.DR DATE OF HEARING : 14/9/2011 DATE OF PRONOUNCEMENT :23/9/2011 O R D E R PER BENCH. OUT OF THESE SEVEN APPEALS, IN RESPECT OF PENALTY PROCEEDINGS U/S 271(1)(C) OF THE ACT, THERE ARE CROSS APPEALS FOR A SST. YEAR 1998-99, 2000-01 AND 2003-04 AND THE REVENUES APPEAL FOR AS ST. YEAR 1999- 2000. SINCE THE ISSUE INVOLVED IN ALL THESE APPEALS IS COMMON AND THE APPEALS PERTAIN TO THE SAME ASSESSEE, THESE HAVE BE EN HEARD TOGETHER AND ARE BEING DISPOSED OF BY THIS COMMON ORDER FOR THE SAKE OF CONVENIENCE. 2. AT THE TIME OF HEARING, NONE APPEARED ON BEHALF OF THE ASSESSEE, HOWEVER, WRITTEN SUBMISSION HAS BEEN FILED. 3. AFTER HEARING THE LD. DR AND GOING THROUGH THE W RITTEN SUBMISSIONS ON BEHALF OF THE ASSESSEE, IT TRANSPIRED TO US THAT THE QUANTUM APPEALS HAVE BEEN RESTORED BACK TO THE FILE OF LD. CIT(A) F OR FRESH DECISION AS PER DIRECTION OF HONBLE GUJARAT HIGH COURT IN TAX APPE ALS NO.1674 TO 1677 OF 2008, DATED 23/12/2009. SINCE THE QUANTUM APPEAL S ARE PENDING WITH THE LD. CIT(A), WE DEEM IT JUST AND PROPER TO RESTO RE ALL THESE APPEALS REGARDING PENALTY PROCEEDINGS U/S 271(1)(C) TO THE FILE OF LD. CIT(A) FOR FRESH DECISION IN VIEW OF HIS DECISION IN THE QUANT UM APPEALS. ACCORDINGLY, ALL THESE APPEALS ARE RESTORED BACK TO THE FILE OF LD. CIT(A) FOR FRESH ADJUDICATION IN VIEW OF HIS DECISION ON Q UANTUM APPEALS. 4 IN VIEW OF ABOVE, ALL THE APPEALS FILED BY THE ASSE SSEE AND THOSE BY THE REVENUE ARE ALLOWED FOR STATISTICAL PURPOSES. 4. IN THE RESULT, THE APPEALS FILED BY THE ASSESSEE AND THE REVENUE ARE ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN OPEN COURT ON 23/9 /2011 SD/- SD/- (A. K. GARODIA) (D. K. TYAGI) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD, DATED : 23/9/2011 MAHATA/- COPY OF THE ORDER FORWARDED TO :- 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT(APPEALS)- 4. THE CIT CONCERNS. 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER, DEPUTY / ASSTT.REGISTRAR ITAT, AHMEDABAD 5 1.DATE OF DICTATION 14/9/11. 2.DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE TH E DICTATING MEMBER 19/9/11. /OTHER MEMBER. 3.DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P.S./P.S. 4.DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT.. 5.DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR .P.S./P.S 6.DATE ON WHICH THE FILE GOES TO THE BENCH CLERK .. 7.DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8.THE DATE ON WHICH THE FILE GOES TO THE ASSTT. REG ISTRAR FOR SIGNATURE ON THE ORDER 9.DATE OF DESPATCH OF THE ORDER..