Assistant Commissioner of Income-tax, Circle - 2, Nashik V. M/s. P.P. Gogad, Nashik

ITA 40/PUN/2018

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 2160 (ITAT-PUNE)
• Duration Of Justice: 10 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-11-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 04-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: IS ARISING OUT OF DATED PASSED

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT . / ITA NO. 40/PUN/2018 / ASSESSMENT YEAR : 2010-11 ACIT, CIRCLE-2 NASHIK VS. M/S. P.P.GOGAD, 001, SANCHETI APARTMENT, RACHANA HIGH SCHOOL, NASHIK 422002 PAN : AACFP9784C (APPELLANT) (RESPONDENT) / ORDER PER R.S.SYAL, VP : THIS APPEAL BY THE REVENUE IS ARISING OUT OF THE ORDER DATED 11-10-2017 PASSED BY THE CIT(A)-2, NASHIK IN RELATIO N TO THE A.Y. 2010-11 DELETING THE PENALTY OF RS.46,52,653/- IMPOSED BY THE ASSESSING OFFICER (AO) U/S.271(1)(C) OF THE INCOME-TAX ACT, 1961 (HEREINAFTER ALSO CALLED AS THE ACT) . 2. BRIEFLY STATED, THE FACTS OF THE CASE ARE THAT THE AO, IN T HE COURSE OF ASSESSMENT PROCEEDINGS U/S.143(3), MADE AN A DDITION APPELLANT BY SHRI RAJESH GAWLI RESPONDENT BY NONE (WRITTEN SUBMISSION) DATE OF HEARING 14-11-2018 DATE OF PRONOUNCEMENT 15-11-2018 ITA NO.40/PUN/2018 M/S. P.P.GOGAD 2 OF RS.1,50,57,130/- ON ACCOUNT OF PAYMENT TO SUB-CONTR ACTORS, WHICH GOT CONFIRMED BY THE LD. CIT(A). ON THE BASIS OF S UCH AN ADDITION, THE AO IMPOSED PENALTY U/S. 271(1)(C) OF THE A CT AMOUNTING TO RS.46,52,653/-. THE LD. CIT(A) DELETED THE PENALTY BY OBSERVING AND EXTRACTING THE TRIBUNAL ORDER DATED 14-06-2017 PASSED IN QUANTUM PROCEEDINGS DELETING THE ADDITION, WHICH CONSTITUTED THE FOUNDATION FOR THE IMPOSITION OF PENALTY. THE LD. DR COULD NOT POINT OUT ANY INFIRMITY IN TH E IMPUGNED ORDER OR DEMONSTRATE THAT THE SAID ORDER OF THE TRIBUNAL IN QUANTUM PROCEEDINGS HAS BEEN REVERSED OR MODIFIED BY THE HONBLE HIGH COURT IN ANY MANNER. IN VIEW OF THE FOREGOING CIRCUMSTANCES, I AM OF THE CONSIDERED OPINION THAT THE LD. CIT(A) WAS JUSTIFIED IN DELETING THE PENALTY. 3. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 15 TH NOVEMBER, 2018. SD/- (R.S.SYAL) / VICE PRESIDENT PUNE; DATED : 15 TH NOVEMBER, 2018 ITA NO.40/PUN/2018 M/S. P.P.GOGAD 3 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT (APPEALS)-2, NASHIK 4. / THE PR. CIT-2 NASHIK 5. , , SMC / DR SMC, ITAT, PUNE; 6. / GUARD FILE. // TRUE COPY / / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE ITA NO.40/PUN/2018 M/S. P.P.GOGAD 4 DATE 1. DRAFT DICTATED ON 14-11-18 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 15.11.18 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER - 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. - 5. APPROVED DRAFT COMES TO THE SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON 7. FILE SENT TO THE BENCH CLERK 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER. *