DCIT (iT) 4(2)(1), MUMBAI V. DIPENDRA BAPALAL SHAH, MUMBAI

ITA 435/MUM/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 5440 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2006-2007
• Appeal Filed On: 19-01-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAY KUMAR LD
• Assessee Lawyers: HARDIK CHOKSI LD

Judgement Text

ITA NOS.435 & 437/MUM/2017 DIPENDU BAPALAL SHAH ASSESSMENT YEARS-2006-07 & 2007-08 IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI , , BEFORE SHRI SAKTIJIT DEY, JM AND SHRI MANOJ KUMAR AGGARWAL, AM ./I.T.A. NOS.435 & 437/MUM/2017 ( / ASSESSMENT YEARS: 2006-07 & 2007-08) DEPUTY COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)-4(2)(2) ROOM NO.1708, 17 TH FLOOR AIR INDIA BUILDING, NARIMAN POINT MUMBAI-400 021 / VS. D IPENDU BAPALAL SHAH C/O SAMPAT & MEHTA (CA) B-501/502, 11, SARVODAY W.E.HIGHWAY, BANDRA(EAST) MUMBAI-400 051 ! ./ ./PAN/GIR NO. BNBPS-0099-E ( !# /APPELLANT ) : ( $%!# / RESPONDENT ) A SSESSEE BY : HARDIK CHOKSI, LD. AR RE VENUE BY : JAY KUMAR, LD. CIT DR / DATE OF HEARING : 19/07/2018 / DATE OF PRONOUNCEMENT : 25/07/2018 / O R D E R PER BENCH 1. AFORESAID APPEALS BY REVENUE FOR ASSESSMENT YEAR S [AY] 2006-07 & 2007-08 CONTESTS SEPARATE ORDERS OF LD. FIRST APP ELLATE AUTHORITY QUA DELETION OF PENALTY U/S 271(1)(C) WHICH HAS BEEN LE VIED CONSEQUENT TO QUANTUM ADDITIONS IN THE HANDS OF THE ASSESSEE. ITA NOS.435 & 437/MUM/2017 DIPENDU BAPALAL SHAH ASSESSMENT YEARS-2006-07 & 2007-08 2 2. THE LD. AUHTORIZED REPRESENTATIVE FOR THE ASSESS EE [AR], SHRI HARDIK CHOKSI, AT THE OUTSET, DREW OUR ATTENTION TO THE FACT THAT THE IMPUGNED PENALTIES WERE DELETED BY FIRST APPELLATE AUTHORITY SINCE QUANTUM ADDITIONS, AS MADE BY LD. AO, WERE DELETED BY THE SAME AUTHORITY, UPON FURTHER APPEAL. IT HAS BEEN FURTHER SUBMITTED THAT THE REVENUE CONTESTED THE DELETION OF QUANTUM ADDITIONS FOR BOTH THE YEARS WITHOUT ANY SUCCESS BEFORE THIS TRIBUNAL VIDE ITA N OS. 4751- 52/MUM/2016 DATED 19/06/2018 WHEREIN THE REVENUES APPEAL GOT DISMISSED. A COPY OF THE CITED ORDER HAS BEEN PLACE D ON RECORD. THE SAME WAS CONTROVERTED BY LD. CIT DR, SHRI JAI KUMAR, BY SUBMITTING THAT THE QUANTUM ADDITIONS HAVE NOT ATTAINED FINALI TY YET AND THEREFORE, THE ACTION OF LD. FIRST APPELLATE AUTHORITY IN DELE TING THE PENALTY WAS NOT JUSTIFIED. 3. WE HAVE CAREFULLY HEARD THE RIVAL CONTENTIONS AN D PERUSED RELEVANT MATERIAL ON RECORD. THE UNDISPUTED FACT IS THAT THE ACTION OF LD. FIRST APPELLATE AUTHORITY IN DELETING QUANTUM ADDITIONS F OR BOTH THE YEARS HAS BEEN CONFIRMED BY THE TRIBUNAL IN THE AFORESAID COM MON ORDER FOR AY 2006-07 & 2007-08 BY WAY OF DISMISSAL OF REVENUES APPEAL. THE REVENUE IS UNABLE TO CONTROVERT THE FACT THAT THE A FORESAID DECISION OF THE TRIBUNAL HAS NOT BEEN STAYED / REVERSED, IN ANY MAN NER. THIS BEING THE POSITION, THE IMPUGNED PENALTIES DO NOT SURVIVE AND THEREFORE, LD. FIRST APPELLATE AUTHORITY WAS JUSTIFIED IN DELETING THE I MPUGNED PENALTIES. ITA NOS.435 & 437/MUM/2017 DIPENDU BAPALAL SHAH ASSESSMENT YEARS-2006-07 & 2007-08 3 4. RESULTANTLY, BOTH THE APPEALS STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH JULY, 2018 SD/- SD/- (SAKTIJIT DEY) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 25.07.2018 SR.PS:-THIRUMALESH ! / COPY OF THE ORDER FORWARDED TO : 1. !# / THE APPELLANT 2. $%!# / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT CONCERNED 5. + ,$ - , - , / DR, ITAT, MUMBAI 6. , ./0 / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI