The DCIT(OSD)-I Circle-4, Ahmedabad V. Mastek Limited, Ahmedabad

ITA 428/AHD/2013

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 67773 (ITAT-AHMEDABAD)
• Duration Of Justice: 7 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-10-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 25-09-2013
• Assessment Year: 2005-2006
• Appeal Filed On: 13-02-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: J P JHANGID
• Section: 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH BEFORE: SRI D.K TYAGI, JUDICIAL MEMBER AND SHRI T.R. MEENA, ACCOUNTANT MEM BER THE DCIT, (OSD)-I, CIRCLE-4, AHMEDABAD. NAVJIVAN TRUST BLDG, OFF. ASHRAM ROAD, AHEMEDABAD (APPELLANT) VS MASTED LTD. 804-05, PRESIDENT HOUSE, OPP. C.N. VIDYALAY, AMBAWADI, AHMEDABAD-380015 PAN: AAACM9908 Q (RESPONDENT) REVENUE BY: SRI J.P. JHANGID, SR.D.R. ASSESSEE BY: SRI S.N. SOPARKAR, A.R. DATE OF HEARING : 25-09-2013 DATE OF PRONOUNCEMENT : 11-10-20 13 / ORDER PER : D.K. TYAGI, JUDICIAL MEMBER:- THIS IS THE REVENUES APPEAL AGAINST THE ORDER OF LD. CIT(A)-VIII AHMEDABAD DATED 27-11-2012 DELETING THE PENALTY OF RS. 25,74,712/- LEVIED U/S. 271(1)(C) OF THE ACT BY THE AO ON ADDITION OF RS. 18.45 LACS ON ACCOUNT OF DISALLOWANCE OF EXPENDITURE INCURRED U/S. 14A AN D ADDITION OF RS. 51.91 ITA NO.428/AHD/2013 ASSESSMENT YEAR 2005-06 I.T.A NO.428/AHD/2013 A.Y. 2005-06 PAGE N O DCIT VS. MASTEK LTD. 2 LACS ON ACCOUNT OF UPWARD ADJUSTMENTS MADE BY TPO T OWARDS TRAVELING EXPENSES. 2. AT THE TIME OF HEARING BOTH THE PARTIES AGREED T HAT IN VIEW OF OUR DECISION IN ITA NO. 3373/AHD/2009 WHEREIN ISSUE IN RESPECT OF DISALLOWANCE OF RS. 18.45 LACS U/S. 14A READ WITH R ULE 18 HAVE BEEN SET ASIDE TO THE FILE OF AO, PENALTY U/S. 271(1)(C) WILL NO T SURVIVE. AS FAR AS THE PENALTY ON ADDITION OF RS. 51.91 LACS ON ACCOUNT OF UPWARD ADJUSTMENT MADE BY TPO TOWARDS TRAVELING EXPENSES IS CONCERNED, VID E ITS ORDER IN ITA NO. 2050/AHD/2008 IN ASSESSEES OWN CASE FOR ASST. YEAR . 2002-03 PENALTY IMPOSED ON IDENTICAL GROUND HAS BEEN DELETED BY THE TRIBUNAL. STHEREFORE WE ARE NOT INCLINED TO INTERFERE WITH THE ORDER PAS SED BY LD. CIT(A) WHO HAS DELETED THE PENALTY U/S. 271(1)(C) OF THE ACT OF RS . 25,74,712/- LEVIED BY AO ON ADDITION OF RS. 18.45 LACS ON ACCOUNT OF DISALLO WANCE EXPENDITURE INCURRED U/S. 14A AND ADDITION OF RS. 51.91 LACS ON ACCOUNT OF UPWARD ADJUSTMENT MADE BY TPO TOWARDS TRAVELING EXPENSES. 3. IN THE RESULT, REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE AT CAPTION PAGE SD/- SD/- (T.R. MEENA) ( D.K. TYAGI) ACCOUNTANT MEMBER J UDICIAL MEMBER AHMEDABAD : DATED 11/10/2013 AK I.T.A NO.428/AHD/2013 A.Y. 2005-06 PAGE N O DCIT VS. MASTEK LTD. 3 / COPY OF ORDER FORWARDED TO:- 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,