BABA SAI FILMS, MUMBAI V. ITO WD 11(1)(1) CHANGED TO ITO WD 16 (1)(2), MUMBAI

ITA 4400/MUM/2015

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 6994 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 5 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-01-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 1998-1999
• Appeal Filed On: 21-07-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: C S SHARMA
• Assessee Lawyers: P B SUBRAMANIAN
• Section: 271(1)(c)

Judgement Text

IN THE INC OME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE HONBLE SHRI SANDEEP GOSAIN, JM & HONBLE SHRI G. MANJUNATHA , AM ./ I.T.A. NO . 4400/MUM/2015 ( / ASSESSMENT YEAR: 1998 - 99 ) BABA SAI FILMS NAAZ BLDG. 1 ST FLOOR, D. B. MARG, MUMBAI - 400 004 / VS. ITO WD 11(1)(1) CHANGED TO ITO WD 16(1)(2), MUMBAI, PIN - ./ ./ PAN/GIR NO. AA CPD6411A ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SH. P. B. SUBRAMANIAN, AR / RESPONDENTBY : SH. C. S. SHARMA, DR / DATE OF HEARING : 03 /0 1 /201 9 / DATE OF PRONOUNCEMENT : 08.01.2019 / O R D E R PER SANDEEP GOSAIN, J UDICIAL MEMBER : THE PRESENT APPEAL FILED BY THE ASSESSEE IS AGAINST THE ORDER OF LD. CIT(A) - 4, MUMBAI DATED 27.03.15 UPHOLDING THE IMPOSITION OF PENALTY LEVIED BY THE AO U/S 271(1)(C) OF THE ACT. 2 I.T.A. NO. 4400 /MUM/201 5 BABA SAI FILMS 2. AS PER THE FACTS OF THE PRESENT CASE, ITAT IN QUANTUM APPEAL VIDE ORDER DATED 29.07.16 IN ITA NO. 5851/MUM/2011 HAD RESTORED THE MATTER BACK TO THE AO FOR DECIDING AFRESH AND CONSEQUENTLY, THE AO VIDE ORDER DATED 30.06.17 HAD DELETED THE ENTIRE ADDITIONS AND COMPUTED THE INCOME AS NIL. THE ORDER OF AO IS ANNEXED AT PAGE NO. 65 - 66 OF THE PAPER BOOK. 3. ON THE PERUSAL OF THE SAID ORDER OF AO, THE ADDITIONS HAVE AL READY BEEN DELETED . S INCE THE QUANTUM HAS ALREADY BEEN DELETED, THEREFORE THE PENALTY ARISING OUT OF THE SAID ORDER IS NOT SUSTAINABLE IN THE EYES OF LAW. IN VIEW OF THE ABOVE FACTS, CIRCUMSTANCES AND D ISCUSSION, WE DROP THE PENALTY WHILE SETTING ASIDE THE ORDER OF LD. CIT(A). IT IS ORDERED ACCORDINGLY. 4. IN THE NET RESULT, THE APPEAL FILED BY THE ASSESSEE STANDS ALLOWED WITH NO ORDER AS TO COST. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH JAN , 201 9 SD/ - SD/ - ( G. MANJUNATHA ) (SANDEEP GOSAIN) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI ; DATED : 08 . 0 1 .201 9 SR.PS . DHANANJAY 3 I.T.A. NO. 4400 /MUM/201 5 BABA SAI FILMS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F I LE / BY ORDER, . / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI