ITO 14(2)-1, MUMBAI V. ANIL KUMAR AGARWAL, MUMBAI

ITA 4382/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 1575 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-06-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2003-2004
• Appeal Filed On: 20-07-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: MADHUSUDAN SARAF
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A, MUMBAI. BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER I.T.A. NO. 4382 /MUM/2009. ASSESSMENT YEAR : 2003-04. THE INCOME TAX OFFICER, S HRI ANIL KUMAR AGARWAL, 14(2)-1, MUMBAI. VS. 27/31, BOTWALA BLDG., OLD HANUMAN LANE, KALBADEVI ROAD, MUMBAI 400002. PAN : AABFA2767P APPELLANT RESPONDENT APPELLANT BY : SHRI PIYUSH JAIN. RESPONDENT BY : SHRI MADHUSUDAN SARAF. O R D E R PER J. SUDHAKAR REDDY, A.M. THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED A GAINST THE ORDER OF THE CIT(APPEALS)-XIV, MUMBAI DATED 15-05-2 009 FOR ASSESSMENT YEAR 2003-04, WHEREIN HE HAS CANCELLED T HE LEVY OF PENALTY U/S 271(1)(C) OF THE ACT. 2. `IT IS BROUGHT TO OUR NOTICE THAT IN THE QUANTU M PROCEEDINGS THE ISSUE IS DECIDED IN FAVOUR OF THE ASSESSEE BY A -1 BENCH OF THE MUMBAI TRIBUNAL IN ITA NO. 6481/MUM/2007 ORDER DATE D 29 TH APRIL, 2009. AS THE QUANTUM HAS BEEN DELETED, PENALTY HAS NO LEGS TO STAND ON AND HENCE WE UPHOLD THE ORDER OF THE FIRST APPELLAT E AUTHORITY AND DISMISS THIS APPEAL OF THE REVENUE. 2 3. IN THE RESULT, THE APPEAL OF THE REVENUE IS DIS MISSED. ORDER PRONOUNCED ON THIS 4 TH DAY OF JUNE, 2010. SD/- SD/- (D. MANMOHAN) (J. SUDHAKAR REDDY) VICE PRESIDENT. ACCOUNTANT MEMBER. MUMBAI, DATED : 4 TH JUNE, 2010. WAKODE COPY FORWARDED TO : 1. APPELLANT. 2. RESPONDENT 3. C.I.T. 4. CIT(A) 5. DR, A-BENCH. (TRUE COPY) BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI BENCHES, MUMBAI.