HIRANANDANI AKRUTI JV, MUMBAI V. DCIT, C.C. 36, MUMBAI

ITA 375/MUM/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 101199 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-10-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Next Hearing Date: 08-10-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 15-01-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ASHOK JHA; K MOHANDA S

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH, MUMBAI BEFORE S/SHRI B.R.BASKARAN , AM AND PAWAN SINGH , JM ./ I.T.A. NO . 375 / MUM/20 1 4 ( / ASSESSMENT YEA R : 200 6 - 07 ) M/S HIRANANDANI AK RUTI J V, AKRUTI TRADE CENTRE, ROAD NO.7, MAROL, MIDC, ANDHERI (E), MUMBAI - 400093 / VS. DY. . COMMISSIONER OF INCOME TAX - CC 36, ROOM NO.11, GR.FLOOR, AAYA KAR BHAVAN, M K ROAD, MUMBAI - 400020 . ( / APPELLANT ) .. ( / RESPONDENT ) ./ I.T.A. NO .1175/ MUM/20 14 ( / ASSESSMENT YEA R : 2006 - 07 ) ASSTT. COMMISSIONER OF INCOME TAX - CC 32, ROOM NO.32(2), GR.FLOOR, AAYALKAR BHAVAN, M K ROAD, MARINE LINES. MUMBAI - 400020. / VS. M/S HIRANANDANI AKRUTI J V, M/S HI CONS DEVELOPERS, AKRUTI TRADE CENTRE, ROAD NO.7, MAROL, MIDC, ANDHERI (E), MUMBAI - 400093 ( / APPELLANT ) .. ( / RESPONDENT ) ./ ./PAN. : AAAAH1443H / REVENUE BY S/ S HRI ASHOK JHA & K MOHANDA S / ASSESSEE BY SHRI PAWAN VED / DATE OF HEARING : 8 .10. 201 5 / DATE OF PRONOUNCEMENT: 8 .10. 201 5 / O R D E R P ER B R BASKARAN, AM : THE APPEAL FILED BY THE ASSESSEE AS WELL AS REVENUE RELATE TO THE ASSESSMENT YEAR 2006 - 07. 2. IN APPEAL NO.375/MUM/2014, THE ASSESSEE IS AGGRIEVED BY THE DECISION OF LD.CIT(A) IN INITIAT ING THE PENALTY PROCEEDINGS UNDER SECTION ITA NO. 1175 / MUM/20 1 4 37 5/M/2014 2 271(1)(C) OF THE INCOME TAX ACT, 1961. IN AP PEAL NO.1175/MUM/2014, THE REVENUE IS AGGRIEVED BY THE DECISION OF LD. CIT(A) IN DELETING THE PENALTY U/S 271(1)(C) OF THE ACT. 3. WE HEARD THE PARTIES AND PERUSED THE RECORD. IT WAS POINTED OUT BY THE LD.DR THAT THE APPEAL NO.375/MUM/2014 FILED BY THE ASSESSEE IS DIRECTED AGAINST THE INITIATION OF PENALTY PROCEEDING BY THE LD.CIT(A). THE LD. D R SUBMITTED THAT THE LD.CIT(A) HAS NOT ULTI MATELY PASSED ANY PENALTY ORDER . HE FURTHER SUBMITTED THE A SSESSEE CANNOT FILE ANY APPEAL FOR MERE INITIATION OF PENA LTY PROCEEDINGS. THE LD. AR DID NOT DISPUTE THESE FACTUAL ASPECTS . ACCORDINGLY, WE DISMISS THE APPEAL FILED BY THE ASSESSEE BEING ITA NO.375/MUM/2014 IN LIMINE AS NOT MAINTAINABLE. 4. WITH REGARD TO THE APPEAL FILED BY THE REVENUE , IT WAS BROUGHT TO OUR NOTICE THAT THE ADDITION ON WHICH THE IMPUGNED PENALTY WAS LEVIED HAS SINCE BEEN DELETED BY THE CO - ORDINATE BENCH OF THE TRIBUNAL, VIDE ITS ORDER DATED 7.5.2014 PASSED IN ITA NO.374/MUM/2014 FOR THE ASSESSMENT YEAR 2006 - 07 . C ONSEQUENT THERETO, THE PENALTY ORDER DOES NOT HAVE LEGS TO STAND ON ITS OWN AND HENCE IS LIABLE TO BE QUASHED. ACCORDINGLY, THE APPEAL FILED BY THE REVENUE IS ALSO LIABLE TO BE DISMISSED. 5. IN THE RESULT, BOTH THE APPEAL S ARE DISMISSED. PRONOUNCED ACCORDINGLY ON 8TH OCTOBER, 2 015. 8TH OCTOBER, 2 015 SD SD ( PAWAN SINGH ) ( B.R. BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI: 8TH OCTOBER, 2 015. . . ./ SRL , SR. PS ITA NO. 1175 / MUM/20 1 4 37 5/M/2014 3 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPOND ENT. 3. ( ) / THE CIT(A) - CONCERNED 4. / CIT CONCERNED 5. , , / DR, ITAT, MUMBAI CONCERNED 6. / GUARD FILE. TRUE COPY / BY ORDER, (ASSTT. REGISTRAR) , /ITAT, MUMBAI