MOHD. FAROOQ SARANG, MUMBAI V. DCIT CEN CIR 36, MUMBAI

ITA 4453/MUM/2015

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 4628 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 3 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-11-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2003-2004
• Appeal Filed On: 27-07-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KAVITA P KAUSHIKLD
• Assessee Lawyers: PIYUSH CHHAJED LD
• Section: 6

Judgement Text

1 ITA NO. 4453 TO 4455/MUM/2015 SHRI MOHD. FAROOQ SARANG ASSESSMENT YEARS: 2003-04, 2006-07 & 2007-08 IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI , , BEFORE HONBLE SHRI MAHAVIR SINGH, JM AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM ./ I.T.A. NO. 4453/MUM/2015 ( / ASSESSMENT YEAR: 2003-04) & ./ I.T.A. NO. 4454/MUM/2015 ( / ASSESSMENT YEAR: 2006-07) & ./ I.T.A. NO. 4455/MUM/2015 ( / ASSESSMENT YEAR: 2007-08) SHRI MOHD. FAROOQ SARANG 302, SHABNAM APARTMENT 33 S.V. ROAD, ANDHERI (W), MUMBAI-400 058. / VS. D CIT - CENTRAL CIRCLE - 36 MUMBAI ./ ./PAN/GIR NO. AAFPS-3609-G ( /APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI PIYUSH CHHAJED, LD.AR / RESPONDENT BY : MS. KAVITA P. KAUSHIK, LD.DR / DATE OF HEARING : 21/11/2019 / DATE OF PRONOUNCEMENT : 21/11/2019 2 ITA NO. 4453 TO 4455/MUM/2015 SHRI MOHD. FAROOQ SARANG ASSESSMENT YEARS: 2003-04, 2006-07 & 2007-08 / O R D E R PER BENCH: - 1. IN THE AFORESAID APPEALS FOR ASSESSMENT YEARS [I N SHORT REFERRED TO AS AY] 2003-04, 2006-07 & 2007-08, THE ASSESSEE IS A GGRIEVED BY LEVY AS WELL AS CONFIRMATION OF PENALTY U/S 271(1)(C). THE QUANTUM OF PENALTY FOR AY 2003-04 IS RS.23.98 LACS, RS.13.19 LACS FOR AY 2006 -07 & RS. 39.11 LACS FOR AY 2007-08. 2. THE LEARNED AUTHORIZED REPRESENTATIVE FOR ASSESS EE (AR), AT THE OUTSET, DREW OUR ATTENTION TO THE FACT THAT QUANTUM ADDITIONS AGAINST WHICH THE IMPUGNED PENALTIES WERE IMPOSED, WERE CONTESTED BY THE ASSESSEE BEFORE THIS TRIBUNAL VIDE ITA NOS.1224/MUM/2012 & O THERS FOR AYS 2003-04 TO 2007-08 COMMON ORDER DATED 01/07/2019. THE ATTEN TION HAS BEEN DRAWN TO THE FACT THAT QUANTUM ADDITIONS FOR YEARS UNDER CONSIDERATION, HAS ALREADY BEEN DELETED BY THE TRIBUNAL, FINDING MERIT S IN ASSESSEES SUBMISSIONS AND THEREFORE, THE IMPUGNED PENALTIES W OULD NOT SURVIVE. A COPY OF THE ORDER HAS BEEN PLACED ON RECORD. THE LE ARNED DR COULD NOT CONTROVERT THE SAID FACT. 3. IN VIEW OF THE ADMITTED POSITION, SINCE QUANTUM ADDITIONS HAVE ALREADY BEEN DELETED BY TRIBUNAL, THE PENALTIES WOULD NOT S URVIVE IN ALL THE THREE YEARS. HENCE BY DELETING THE SAME, WE ALLOW ALL THE APPEALS. 4. ALL THE APPEALS STAND ALLOWED. 3 ITA NO. 4453 TO 4455/MUM/2015 SHRI MOHD. FAROOQ SARANG ASSESSMENT YEARS: 2003-04, 2006-07 & 2007-08 ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST NOVEMBER, 2019 SD/- SD/- (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 21/11/2019 SR.PS:-**PP,SPS %& '& / 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 FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI. 4 ITA NO. 4453 TO 4455/MUM/2015 SHRI MOHD. FAROOQ SARANG ASSESSMENT YEARS: 2003-04, 2006-07 & 2007-08 SR. NO. DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATION SHEETS ARE ATTACHED/PART DICTATIO N COPY ENCL. ORDER FINAL BY HON. AM 21-11-2019 P.P SR.PS DRAFT DICTATED ON 3 DRAFT PLACED BEFORE AUTHOR 21-11-2019 P.P -- 4 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 5 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 6 APPROVED DRAFT COMES TO THE SR.PS/PS 22-11-19 P.P 7 ORDER PRONOUNCEMENT ON 21-11-19 P.P 8 FILE SENT TO THE BENCH CLERK 22-11-19 P.P 9 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 10 DATE ON WHICH FILE GOES TO THE AR 11 DATE OF DISPATCH OF ORDER