DIMEXON EXPORTS P. LTD, MUMBAI V. DCIT CEN CIR 5, MUMBAI

ITA 4081/MUM/2009

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 5102 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-08-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 23-08-2010
• Assessment Year: 2003-2004
• Appeal Filed On: 02-07-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JI TENDRA YADAV

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES D : MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI ANANDI LAL GEHLOT, ACCOUNTANT MEMBER ITA. NO. 4081/MUM/2009 ASSESSMENT YEAR 2003-2004 DIMEXON EXPORTS PRIVATE LIMITED MUMBAI 400 004 PAN AAACD-1882-E VS. DCIT, CENTRAL CIRCLE 5, MUMBAI 4. (APPELLANT) (RESPONDENT) FOR APPELLANT : SHRI HARIOM TULSYAN FOR RESPONDENT : SHRI JITENDRA YADAV ORDER PER D. MANMOHAN, V.P. 1. THIS APPEAL, FILED AT THE INSTANCE OF THE ASSES SEE-COMPANY, IS DIRECTED AGAINST THE ORDER DATED 4-6-2009 OF THE CI T(A), CENTRAL-II, MUMBAI AND IT PERTAINS TO THE ASSESSMENT YEAR 2003- 2004. PENALTY LEVIED BY THE ASSESSING OFFICER UNDER SECTION 271 ( 1) (C) OF THE ACT CONSEQUENT TO THE ADDITIONS/DISALLOWANCES MADE IN T HE ASSESSMENT HAVING BEEN CONFIRMED BY THE LEARNED CIT(A), ASSESS EE PREFERRED AN APPEAL BEFORE US CONTENDING, INTER ALIA, THAT ON ME RE REJECTION OF THE CLAIMS PENALTY SHOULD NOT AUTOMATICALLY BE LEVIED, HAVING REGARD TO THE PECULIAR CIRCUMSTANCES OF THE CASE. 2. AT THE TIME OF HEARING BOTH THE PARTIES ADMITTE D THAT AGAINST THE ASSESSMENT MADE BY THE ASSESSING OFFICER ASSESS EE CARRIED THE MATTER IN APPEAL BEFORE THE LEARNED CIT(A) WHO HAS GIVEN PART RELIEF AND THEREAFTER CROSS APPEALS WERE FILED BEFORE THE APPE LLATE TRIBUNAL WHICH HAVE COME UP FOR HEARING BEFORE ITAT, D BENCH, MU MBAI (ITA. NO. 1908/MUM/2008 AND ITA. NO. 2554/MUM/2008 DATED 11-1 2-2009) 2 WHEREIN ASSESSEE PARTLY SUCCEEDED AND THE OTHER ISS UES WERE SET ASIDE TO THE FILE OF THE ASSESSING OFFICER FOR FRESH ADJUDIC ATION. 3. WE HAVE HEARD THE LEARNED COUNSEL, APPEARING ON BEHALF OF THE ASSESSEE, AS WELL AS LEARNED DR AND CAREFULLY P ERUSED THE RECORD. IN THE LIGHT OF DECISION OF THE ITAT WE DEEM IT FAIR A ND REASONABLE TO SET ASIDE THE ORDERS OF THE ASSESSING OFFICER (PASSED U NDER SECTION 271(1)(C) OF THE ACT) AS WELL AS CIT(A) AND RESTORE THE MATTE R TO THE FILE OF THE ASSESSING OFFICER WITH A DIRECTION TO RECONSIDER TH E ISSUE OF LEVY OF PENALTY AFTER PASSING AN ORDER CONSEQUENT TO THE DI RECTIONS OF THE ITAT IN THE QUANTUM APPEAL. 4. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 24-08-2010 . SD/- SD/- (ANANDI LAL GEHLOT) (D.MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATE 24 TH AUGUST, 2010 VBP/- COPY TO 1. DIMEXON EXPORTS PRIVATE LIMITED, 1202, PRASAD CH AMBERS, TATA ROAD NO.2, OPERA HOUSE, MUMBAI 400 004 PAN AAACD-1882-E 2. DCIT, CENTRAL CIRCLE-5, CGO BLDG., 9 TH FLOOR, M.K. ROAD, MUMBAI 4. 3. CIT(A), CENTRAL-II, MUMBAI. 4. CIT, CENTRAL-I, MUMBAI 5. DR D BENCH 6. GUARD FILE. (TRUE COPY) BY ORDER, ASST.REGISTRAR, ITAT, MUMBAI.