BHARAT ENTERPRISES, MUMBAI V. DCIT 24(1), MUMBAI

ITA 4258/MUM/2016

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 0620 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-06-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2008-2009
• Appeal Filed On: 21-06-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: POOJA SWAROOP
• Assessee Lawyers: V R SABNIS

Judgement Text

, F , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES F, MUMBAI BEFORE SHRI SHAMIM YAHYA, AM & SHRI SANDEEP GOSAIN, JM ITA NO.4258/MUM/2016 : ASST.YEAR 2008-2009 M/S. BHARAT ENTERPRISES B-219, GRAZE PLAZA, S.V.ROAD JOGESHWARI (WEST) MUMBAI 400 102 PAN : AAEFB2174L. / VS. THE DY .COMMISSIONER OF INCOME - TAX 24(1) MUMBAI NEW : ASST.COMMISSIONER OF INCOME-TAX CIRCLE 31(1), MUMBAI. ( / APPELLANT) ( / RESPONDENT) /APPELLANT BY : SHRI V.R.SABNIS /RESPONDENT BY : MS.POOJA SWAROOP / DATE OF HEARING : 24.05.2017 / DATE OF PRONOUNCEMENT : 05.06.2017 / O R D E R PER SHAMIM YAHYA, AM THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST ORDER OF LEARNED CIT(A) DATED 03.03.2016 AND PERTAINS TO ASSESSMENT YEAR 2008-2009. 2. THE ISSUE RAISED IS THAT LEARNED CIT(A) ERRED IN HOLDING THAT THE PENALTY OF RS.13,59,600 IMPOSED BY THE ASSESSING OFFICER. 3. AT THE OUTSET IN THIS CASE, LEARNED COUNSEL OF THE ASSESSEE SUBMITTED THAT THE QUANTUM APPEAL WITH REFERENCE TO WHICH THIS PENALTY HAS BEEN LEVIED HAS BEEN REMITTED BY THE ITAT FOR FRESH CONSIDERATION BEFORE THE ASSESSING OFFICER. HENCE, LEARNED COUNSEL PLEADED THAT THIS ISSUE MAY BE SET ASIDE TO THE FILE OF THE ASSESSING OFFICER TO BE CONSIDERED AFRESH AFTER PASSING OF THE ORDER BY THE ASSESSING OFFICER IN THE QUANTUM APPEAL. ITA NO.4258/MUM/2016. M/S.BHARAT ENTERPRISES. 2 4. PER CONTRA, LEARNED DEPARTMENTAL REPRESENTATIVE FAIRLY AGREED TO THE PROPOSITION. 5. WE FIND THAT THE ITA NO.7278/MUM/2012 IN THE QUANTUM APPEAL IN THIS REGARD HAS BEEN SET ASIDE BY THIS TRIBUNAL TO THE FILE OF THE ASSESSING OFFICER FOR FRESH CONSIDERATION VIDE ORDER DATED 21.10.2016 HENCE THE ISSUE RAISED IN THIS APPEAL ALSO NEEDS TO BE REMITTED TO THE FILE OF THE ASSESSING OFFICER. ACCORDINGLY, WE SET ASIDE THE ISSUE TO THE FILE OF THE A.O. THE ASSESSING OFFICER SHALL CONSIDER THE ISSUE AFRESH AFTER PASSING THE ORDER IN CONSEQUENCE TO THE SET ASIDE ORDER OF THE TRIBUNAL AS ABOVE. 6. IN THE RESULT, THIS APPEAL FILED BY THE ASSESSEE STANDS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON THIS 05 TH DAY OF JUNE, 2017. SD/- SD/- ( SANDEEP GOSAIN ) ( SHAMIM YAHYA ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED : 5 TH JUNE, 2017. DEVDAS* / COPY OF THE ORDER FORWARDED TO : / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT, MUMBAI. 4. / CIT(A)-42, MUMBAI 5. , , / DR, ITAT, MUMBAI 6. [ / GUARD FILE.