AMEETA D KAPUR, MUMBAI V. \u005cu005cu00ccTO 21(3)(1), MUMBAI

ITA 4286/MUM/2016

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 7751 (ITAT-MUMBAI)
• Duration Of Justice: 9 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-03-2017
• Appeal Filed By: Assessee
• Bench Allotted: SMC
• Assessment Year: 2003-2004
• Appeal Filed On: 21-06-2016
• Court: TRIBUNAL
• Department Lawyers: BEENA SANTOSH
• Assessee Lawyers: JITENDRA SINGH NEHA PARANJAPE
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER ITA NO.4286/M/2016 (AY 2003 - 2004) AMEETA D KAPUR, 504, WING - A MINAL, SAKI VIHAR ROAD SAKI NAKA, ANDHERI (E), MUMBAI. / VS. INCOME TAX OFFICER, 21(3)(1), C - 10, PRATYAKSHAKAR BHAVAN, BKC, BANDRA (E), MUMBAI - 51. ./ PAN : AJSPK7119D ( / APPELLANT) .. ( / RESPONDENT ) / APPELLANT BY : SHRI JITENDRA SINGH / NEHA PARANJAPE / RESPONDENT BY : MS. BEENA SANTOSH, DR / DATE OF HEARING : 22.03.2017 / DATE OF PRONOUNCEMENT : 29 .03.2017 / O R D E R PER D. KARUNAKARA RAO, AM: THIS APPEAL FILED BY THE ASSESSEE ON 21.6.2016 IS AGAINST THE ORDER OF THE CIT (A) - 38, MUMBAI DATED 31.3.2016 FOR THE ASSESSMENT YEAR 2003 - 2004. 2. THE SOLITARY ISSUE RAISED IN THIS APPEAL RELATES TO THE PENALTY U/S 271(1)(C) OF THE ACT. IN THIS REGARD, LD COUNSEL FOR THE ASSESSEE BROUGHT MY ATTENTION TO THE ORDER OF THE TRIBUNAL IN QUANTUM APPEAL VIDE ITA NO.1656/M/2012 FOR AY 2003 - 2004, DATED 15.06.2016 AND MENTIONED THAT VIDE PARA 3 (ON PAGES 2 AND 3) OF THE SAID ORDER (SUPRA), THE MATTER WAS REMANDE D BACK TO THE FILE OF THE AO FOR FRESH ADJUDICATION AFTER ALLOWING A REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE . THEREFORE, THE PENALTY LEVIED, WHICH IS THE SUBJECT MATTER OF THE PRESENT APPEAL, HAS NO LEGS TO STAND. 3. ON HEARING BOTH THE PART IES AND ON PERUSAL OF THE SAID ORDER OF THE TRIBUNAL (SUPRA), I FIND, THE IMPUGNED PENALTY ORDER IS UNSUSTAINABLE IN LAW CONSIDERING THE SAID DECISION OF THE TRIBUNAL (SUPRA). ACCORDINGLY I ORDER. HOWEVER, AO IS FREE TO INITIATE THE PENALTY PROCEEDINGS A S PER THE LAW DURING THE REMANDING PROCEEDINGS TO 2 GIVE EFFECT TO THE SAID ORDER OF THE TRIBUNAL. THUS, GROUNDS RAISED BY THE ASSESSEE ARE ALLOWED. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED. ORDER PRONOUN CED IN THE OPEN COU RT ON 2 9 T H MARCH, 201 7. S D / - (D. KARUNAKARA RAO) ACCOUNTANT MEMBER MUMBAI ; 29.03.2017 . . ./ OKK , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI