DCIT 4(3), MUMBAI V. PRIVI ORGANICS LTD, MUMBAI

ITA 4551/MUM/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 4542 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-01-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 02-07-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SANJAY R PARIKH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C , MUMBAI BEFORE SHRI AMIT SHUKLA , JUDICIAL MEMBER AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER ITA NO. 4551/MUM/2014 (ASSESSMENT YEAR : 2008 - 09 ) DCIT - 4(3), MUMBAI. ( APPELLANT ) VS M/S. PRIVI ORGANICS LTD., A - 71, TTC, THANE BELAPUR ROAD, KOPARKHAIRANE, MUMBAI 400 709 PAN : AAACP 4717 A (RESPONDENT) APPELLANT BY : SHRI RAJESH OJHA ( D R) RESPONDENT BY : SHRI SANJAY R. PARIKH ( A R) DATE OF HEARING : 12/01/2016 DATE OF PRONOUNCEMENT : 12 /01/2016 O R D E R PER AMIT SHUKLA, JM : THE AFORESAID APPEAL HAS BEEN FILED BY THE R EVENUE AGAINST THE IMPUGNED ORDER DT. 9.4.2014 PASSED BY THE CIT(A) - 8, MUMBAI IN RELATION WITH THE PENALTY PROCEEDINGS U/S 271(1)(C) FOR THE A.Y 2008 - 09. 2. BEFORE US, THE LD. DR S UBMITTED THAT HE HAS INSTRUCTIONS TO WITHDRAW THE APPEAL AS IN THE QUANTUM APPEAL THE ADDITION HAS BEEN DELETED BY THE TRIBUNAL. ACCORDINGLY, THE REVENUES APPEAL IS BEING DISMISSED AS WITHDRAWN AS IT HAS BEEN ADMITTED THAT IN THE QUANTUM APPEAL, THE ISSUE HAS BEEN DECIDED 2 M/S. PRIVI ORGANICS LTD. ITA NO. 4551/MUM/2014 IN FAVOUR OF THE ASSESSEE AND THE PENALTY LEVIED U/S 271(1)(C) HAS NO LEGS TO STAND. 3. IN THE RESULT, REVENUES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH JANUARY, 2016. SD / - ( RAJESH KUMAR ) ACCOUNTANT MEMBER SD/ - (AMIT SHUKLA) JUDICIAL MEMBER MUMBAI, DATE : 12 TH JANUARY, 2016 COPY TO : 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT(A) - 8, MUMBAI 4) THE DCIT - 4(3), MUMBAI 5) THE D.R, C BENCH, MUMBAI 6) GUARD FILE BY ORDER DY./ASSTT. REGISTRAR I.T.A.T, MUMBAI *SSL*