PARISHA C. VARIA, MUMBAI V. ITO 19(2)(5), MUMBAI

ITA 4548/MUM/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 9019 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-07-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 20-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KUMAR PADMA
• Assessee Lawyers: SANJAY R PARIKH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C , MUMBAI BEFORE SHRI C.N. PRASAD, HON'BLE JUDICIAL MEMBER AND SHRI M. BALAGANESH , HON'BLE ACCOUNTANT MEMBER ITA NO S . 4546, 4547 & 4548 /MUM/201 8 (A.Y S : 2006 - 07, 2007 - 08 & 2008 - 09 ) PARISH C. VARIA 1401, KESHWALA GARDEN VIEW LAXMIBAI JAGMOHANDAS MARG MALABAR HILL, MUMBAI 400 006 PAN: ABWPV8515C V. INCOME TAX OFFICER 19(2)(5) MATRU MANDIR , MUMBAI (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SANJAY R. PARIKH DEPARTMENT BY : SHRI KUMAR PADM APANI BORA DATE OF HEARING : 06.02.2020 DATE OF PRONOUNCEMENT : 31 .07 . 2020 O R D E R PER C. N. PRASAD (JM) 1. THESE APPEALS ARE FILED BY THE ASSESSEE AGAINST DIFFERENT ORDERS OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS) 53, MUMBAI [HEREINAFTER IN SHORT LD.CIT(A)] DATED 16.05.2018 FOR THE A.YS. 2006 - 07, 2007 - 08 & 2008 - 09 IN SUSTAINING THE PENALTY LEVIED U/S.271(1)(C) OF THE ACT. 2 ITA NOS. 4546, 4547 & 4548/MUM/2018 PARISH C. VARIA 2. AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT APPEALS AGAINST QUANTUM A DDITIONS/DISALLOWANCES MADE WHILE COMPLETING THE ASSESSMENT U/S. 143 R.W.S. 147 OF THE ACT WERE RESTORED TO THE FILE OF THE ASSESSING OFFICER TO MAKE DENOVO ASSESSMENT BY THE TRIBUNAL IN ITA.NO S .2139 TO 2141/MUM/ 2015 DATED 25.02.2019 , A COPY OF THE ORDER IS ALSO FURNISHED. REFERRING TO THE SAID ORDER , LD. COUNSEL FOR THE ASSESSEE SUBMITS THAT SINCE THE APPEALS AGAINST QUANTUM ADDITIONS/DISALLOWANCE S WERE RESTORED TO THE FILE OF THE ASSESSING OFFICER THE PENALTIES LEVIED BY ASSESSING OFFICER AND SUSTAINED B Y THE LD.CIT(A) WILL NOT SURVIVE. 3. WE HAVE HEARD THE RIVAL SUBMISSIONS, PERUSED THE ORDERS OF THE AUTHORITIES BELOW AND THE DECISION OF THE TRIBUNAL. ON A PERUSAL OF THE ORDER, WE FIND THAT THE TRIBUNAL RESTORED THE QUANTUM ADDITIONS/D ISALLOWANCES TO ASSESSING OFFICER FOR ALL THESE THREE ASSESSMENT YEARS FOR MAK ING DENOVO ASSESSMENT. AS THE TRIBUNAL RESTORED THE ADDITIONS/DISALLOWANCE TO THE FILE OF THE ASSESSING OFFICER FOR FRES H ASSESSMENTS THE PENALTIES LEVIED ON SUCH ADDITIONS / DISALLOWANCE S WILL NOT SURVIVE. THUS, WE SET - ASIDE THE PENALTY ORDERS AND REMIT THE SAME TO THE FILE OF THE ASSESSING OFFICER . 3 ITA NOS. 4546, 4547 & 4548/MUM/2018 PARISH C. VARIA 4. IN THE RESULT, APPEALS OF THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSE . 5. BEFORE PARTING, WE NOTICED THAT THIS APPEAL WAS HEARD ON 06.02.2020 AND THE PRONOUNC EMENT IS DELAYED DUE TO LOCKDOWN IN VIEW OF COVID - 19 PANDEMIC. THE PRONOUNCEMENT IS AS PER RULE 34(5) OF INCOME TAX APPELLATE TRIBUNAL RULES, 1963 AND HON'BLE BOMBAY HIGH COURT DECISION VIDE ORDERS DATED 15.04.2020 AND 15.06.2020 EXTENDING THE TIME BOUND PERIODS SPECIFIED BY HON'BLE HIGH COURT BY REMOVING THE PERIOD UNDER LOCKDOWN. THIS ASPECT WAS ALSO DEALT WITH IN DETAIL BY THE MUMBAI BENCH OF THE TRIBUNAL IN CASE OF DCIT V. JSW STEEL VIDE ORDER DATED 15.05.2020. ORDER PRONOUNCED ON 31 . 07.2020 AS PER RULE 34(4) OF ITAT RULES BY PLACING THE PRONOUNCEMENT LIST IN THE NOTICE BOARD. SD/ - SD/ - ( M. BALAGANESH ) (C.N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI / DATED 31 / 0 7 / 2020 GIRIDHAR , S R. PS 4 ITA NOS. 4546, 4547 & 4548/MUM/2018 PARISH C. VARIA COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A), MUMBAI. 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. //TRUE COPY// BY ORDER (ASSTT. REGISTRAR) ITAT, MUM