MOHAN HOTCHAND KHANCHANDANI, MUMBAI V. ASST CIT 32, MUMBAI

ITA 4343/MUM/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 9723 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-03-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2005-2006
• Appeal Filed On: 23-06-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: POOJA SWAROOP
• Assessee Lawyers: RAMESH JIWANANI
• Keywords: Opportunity of being heard
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA , A M AND SHRI PAWAN SINGH, JM ./ I.T.A. NO S . 4343 TO 4347/MUM/2016 ( / ASSESSMENT YEAR S : 2005 - 06 TO 2009 - 10 ) SHRI MOHAN HOTCHAND KHANCHANDANI 114, LAUNGANI LODGE, 1 ST FLOOR, S. V. ROAD, KHAR (W), MUMBAI - 400 052 / VS. ASST. CIT, CENTRAL CIRCLE - 32, AAYAKAR BHAVAN, MAHARSHI KARVE ROAD, MUMBAI - 400 020 ./ ./ PAN/GIR NO. AGPPK 5420 R ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI RAMESH JIWANANI / RESPONDENT BY : MS. POOJA SWAROOP / DATE OF HEARING : 13.03.2018 / DATE OF PRONOUNC EMENT : 22.03 .2018 / O R D E R PER BENCH : TH ESE ARE A PPEAL S BY THE ASSESSEE AGAINST THE RESPECTIVE ORDERS OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS) B Y WAY OF THIS PENALTY LEVIED U/S. 271(1)(C) OF THE INCOME TAX ACT, 1961, HAVE BEEN CONF IRMED BY THE LD. COMMISSIONER OF INCOME TAX (APPEALS) FOR THE ASSESSMENT YEARS 2005 - 06 TO 2009 - 10. 2. AT THE OUTSET, THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT SUBS EQUENT TO THE LEVY OF PENALTY IN THESE CASES, THE QUANTUM APPEALS OF THE ASSESSEE FOR ALL THE YEARS IN 2 ITA NO S . 4343 TO 4347 /MUM/2016 SHRI MOHAN HOTCHAND KHANCHANDANI CONSIDERATION IN THESE CASES HA VE BEEN DISPOSED OF BY THE INCOME TAX APPELLATE TRIBUNAL BY A COMBIN E D ORDER DATED 28.04.2016. B Y WAY OF THIS ORDER, THE TRIBUNAL HAD GRANTED SUBSTANTIAL RELIEF TO THE ASSESSEE. IN THE FACTUAL BACKGROUND AS S TATED ABOVE, WE NOTE THAT THE SUBS EQUENT TO THE LEVY OF PENALTY IN THESE CASES IN THE QUANTUM APPEALS, THE ASSESSEE HAS OBTAINED SUBSTANTIAL RELIEF FROM THE INCOME TAX APPELLATE TRIBUNAL. IN THIS VIEW OF THE MATTER, THE PENALTY ORDER UNDER CONSIDERATION DO NOT SURVIVE. IN OUR CONSIDERED OPINION, IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IT WILL BE APPOSITE TO REMIT THE ISSUE OF LEVY OF PENALTY TO THE FILE OF THE ASSESSING OFFICER. ACCORDINGLY, THE ISSUE IN THESE APPEALS IS REMITTED TO THE FILE OF THE ASSE SSING OFFICER. THE ASSESSING OFFICER IS DIRECTED TO CONSIDER THE ISSUE AFRESH AFTER TAKING INTO ACCOUNT THE SUBSEQUENT ORDER OF THE INCOME TAX APPELLATE TRIBUNAL MENTIONED HEREINABOVE. NEEDLESS TO ADD, THE ASSESSEE SHOULD BE GRANTED ADEQUATE OPPORTUNITY OF BEING HEARD. 3. BOTH THE COUNSEL FAIRLY AGREED TO THIS PROPOSITION. 4. IN THE RESULT, THE SE APPEALS BY THE ASSESSEE STANDS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 22.03.2018 SD/ - SD/ - ( PAWAN SINGH ) (S HAMIM YAHYA ) / J UDICIAL MEMBER / A CCOUNTANT MEMBER MUMBAI ; DATED : 22.03.2018 3 ITA NO S . 4343 TO 4347 /MUM/2016 SHRI MOHAN HOTCHAND KHANCHANDANI . . ./ ROSHANI , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / T HE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F ILE / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI