M/S. KPMG, MUMBAI V. THE ADDL DIT (IT) RG -3, MUMBAI

ITA 4062/MUM/2008

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 3801 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 5 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-11-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 17-03-2015
• Assessment Year: 1999-2000
• Appeal Filed On: 06-06-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JI TENDRA YADAV
• Assessee Lawyers: C S ANANTHAN
• Keywords: Set aside

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A, MUMBAI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI V. DURGA RAO, JUDICIAL MEMBER. I.T.A. NO. 4062/MUM/2008. ASSESSMENT YEAR : 1999-2000. KPMG, ADDL. DIRECTOR OF INCOME-T AX, LODHA EXCELUS, 1 ST FLOOR, VS. (INTERNATIONAL TAXATION), APOLLO MILLS COMPOUND, RANGE-3, N.M. JOSHI MARG, MUMBAI. MAHALAXMI, MUMBAI 400 011. PAN AAAFK1415H APPELLANT. RESPOND ENT. APPELLANT BY : SHRI C.S. ANANTH AN. RESPONDE NT BY : SHRI JITENDRA YADAV. O R D E R PER J. SUDHAKAR REDDY, A.M. : THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED A GAINST THE ORDER OF THE CIT(APPEALS) -XXXIII, MUMBAI DATED 31-03-2008 WH EREIN THE FIRST APPELLATE AUTHORITY HAD CONFIRMED THE PENALTY LEVIED U/S 271C OF THE ACT ON THE ASSESSEE. 2. AFTER HEARING RIVAL CONTENTIONS, WE FIND THAT TH E ITAT, L-BENCH, MUMBAI IN ITA NO. 1959/MUM/2007, 1823/MUM/2007, IN THE QUANTU M PROCEEDINGS FOR THIS 2 VERY ASSESSMENT YEAR, HAS SET ASIDE THE ISSUE TO TH E FILE OF THE FIRST APPELLATE AUTHORITY FOR FRESH ADJUDICATION VIDE ORDER DATED 2 7 TH OCT., 2010. 3. AS THE QUANTUM HAS BEEN SET ASIDE, IT WOULD BE A PPROPRIATE TO SET ASIDE THE PENALTY PROCEEDINGS ALSO TO THE FILE OF THE AO FOR FRESH ADJUDICATION. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH NOV. , 2010. SD/- SD/- (V. DURGA RAO) (J. SUDHAKAR REDDY) JUDICIAL MEMBER. ACCO UNTANT MEMBER MUMBAI, DATED: 19 TH NOV., 2010. WAKODE COPY TO : 1. APPELLANT 2. RESPONDENT 3. C.I.T. 4. CIT(A) 5. DR, A-BENCH (TRUE COPY) BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI B ENCHES, M UMBAI.