The DCIT, Circle-5, Ahmedabad V. Nirma Credit & Capital Limited, Ahmedabad

ITA 421/AHD/2009

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 68035 (ITAT-AHMEDABAD)
• Duration Of Justice: 4 year(s) 10 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-12-2013
• Appeal Filed By: Department
• Bench Allotted: A
• Next Hearing Date: 13-12-2013
• Assessment Year: 2002-2003
• Appeal Filed On: 09-02-2009
• Court: TRIBUNAL
• Department Lawyers: O P BATHEJA
• Assessee Lawyers: S N SOPARKAR

Judgement Text

, , , , , ,, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD BEFORE SHRI D.K. TYAGI, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER ITA NO.421/AHD/2009 A.Y. 2002-03 DCIT, CENTRAL CIRCLE 5 AHMEDABAD. VS. NIRMA CREDIT & CAPITAL LTD., AHMEDABAD PAN: AAACN5351J (APPELLANT) (RESPONDENT) REVENUE BY : SH. O.P. BATHEJA, SR. D.R., ASSESSEE(S) BY : SH. S.N. SOPARKAR, AR / // / DATE OF HEARING : 13/12/2013 !' / DATE OF PRONOUNCEMENT : 13/12/2013 #$/ O R D E R PER SHRI A. K. GARODIA, ACCOUNTANT MEMBER: 1. THIS IS AN APPEAL FILED BY THE REVENUE AGAINST T HE ORDER OF THE LEARNED CIT(A)-II, AHMEDABAD DATED 07.12.2009 FOR AY 2002-0 3. 2. THE GROUNDS RAISED BY THE REVENUE ARE AS UNDER: 2.1 THE LD. CIT(A)-II, AHMEDABAD HAS ERRED IN LAW A ND ON FACTS IN CANCELING THE PENALTY ORDER PASSED U/S 271(1)(C) OF THE ACT IMPOSING PENALTY OF RS 28,46,000/-. 2.2 ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE, THE LD. COMMISSIONER OF INCOME TAX (A)-II, AHMEDABAD OUGHT TO HAVE UPHELD THE ORDER OF THE ASSESSING OFFICER. 3. THE LD. DR OF THE REVENUE SUPPORTED THE PENALTY ORDER OF THE A.O. WHEREAS THE LD. AR OF THE ASSESSEE HAS SUBMITTED TH AT IN QUANTUM PROCEEDINGS, THE TRIBUNAL HAS DELETED ALL THE THREE ADDITIONS ON WHICH PENALTY WAS IMPOSED BY THE A.O. IN ITA NO. 1243/AHD /2006 DATED ITA NO.421/AHD/2009 DCIT CIRCLE 5,AHD VS. NIRMA CREDIT & CAPITAL LTD FOR A.Y. 2002-03 - 2 - 15.02.2013. HE SUBMITTED A COPY OF THE TRIBUNAL DE CISION AND OUR ATTENTION WAS DRAWN TO PAGE 25, 27 & 30 OF THIS TRI BUNAL ORDER. 4. WE HAVE CONSIDERED RIVAL SUBMISSIONS AND PERUSED THE MATERIAL PALCED ON RECORD. WE FIND THAT THE LD. DR OF REVENUE COUL D NOT POINT OUT ANY MISTAKE IN THESE ASSERTIONS OF THE LD. AR OF THE AS SESSEE THAT ALL THE THREE ADDITIONS FOR WHICH PENALTY WAS IMPOSED BY TH E A.O. HAVE BEEN DELETED BY THE TRIBUNAL IN QUANTUM PROCEEDINGS. ON CE THE QUANTUM ADDITION IS DELETED, THE PENALTY CANNOT SURVIVE, AN D THEREFORE, WE DECLINE TO INTERFERE IN THE ORDER OF THE LD. CIT(A) AND CON FIRM THE SAME. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE OF H EARING ITSELF AFTER CONCLUSION OF HEARING. SD/- SD/- (D.K. TYAGI) JUDICIAL MEMBER ( A.K. GARODIA) ACCOUNTANT MEMBER AHMEDABAD; DATED 13/12/2013 GHANSHYAM MAURYA GHANSHYAM MAURYA GHANSHYAM MAURYA GHANSHYAM MAURYA, SR. P , SR. P , SR. P , SR. P. .. .S SS S. .. . TRUE COPY #$ %& '#&' #$ %& '#&' #$ %& '#&' #$ %& '#&'/ COPY OF THE ORDER FORWARDED TO : 1. () / THE APPELLANT 2. %*() / THE RESPONDENT. 3. ++ , / CONCERNED CIT 4. ,() / THE CIT(A)-III, AHMEDABAD 5. &/0 % , , / DR, ITAT, AHMEDABAD 6. 012 3 / GUARD FILE. #$ #$ #$ #$ / BY ORDER, 4 44 4/ // / +5 +5 +5 +5 ( DY./ASSTT.REGISTRAR) , , , , / ITAT, AHMEDABAD