Appeal details
Counselvise Citation
[2016] 133 COUNSELVISE.COM (IT) 1443 (ITAT-AHMEDABAD)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 3 month(s) 7 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
10-06-2016
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
I
Assessment Year
2005-2006
Appeal Filed On
03-03-2015
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH BEFORE: S H RI PRAMOD KUMAR , ACCOUNTANT MEMBER AND SHR I S. S. GODARA , JUDICIAL MEMBER SABIC RESEARCH AND TECHNOLOGY PVT. LTD, PLOT NO . 5 & 6, SAVLI GIDC ESTATE, MANJUSAR, BARODA - 391775 PAN: AABCS7650L (APPELLANT) VS THE ACIT, CIRCLE - 2(1)(1), BARODA (RESPONDENT) THE ACIT, CIRCLE - 2(1)(1), BARODA (APPELLANT) VS SABIC RESEARCH AND TECHNOLOGY PVT. LTD, PLOT NO. 5 & 6, SAVLI GIDC ESTATE, MANJUSAR, BARODA - 391775 PAN: AABCS7650L (RESPONDENT /CROSS OBJECTOR ) REVENUE BY : S H RI ASHISH POPHARE , SR. D . R. ASSESSEE BY: S H RI DHINAL SHAH , A.R. DATE OF HEARING : 08 - 06 - 2 016 DATE OF PRONOUNCEMENT : 10 - 06 - 2 016 I T A NO S . 457 & 458/ A HD/20 15 A SSESSMENT YEAR 200 4 - 05 & 2005 - 06 ITA NO. 576 & CO NO. 54/ AHD/20 15 A SSESSMENT YEAR 2005 - 06 I.T.A NO. 457, 458 & 576 & CO NO. 54 /AHD /2015 A.Y . 2004 - 05 & 05 - 06 PAGE NO SABIC RESEARCH & TRAINING PVT. LTD. VS. ACIT 2 / ORDER P ER BENCH : - THIS IS A BATCH OF FOUR CA S ES IN ASSESSMENT YEARS 2004 - 05 AND 2005 - 06. FORMER ASSESSMENT YEAR INVOLVES ASSESEE S APPEAL ITA 457/AHD/2015 PREFERRED AGAINST ORDER OF THE CIT(A) DA TED 30 - 012 - 2014 IN CASE NO. CAB/(A) - 2/043/2014 - 15 CO NFIRMING PENALTY OF RS, 56,77,300/ - AS IMPOSED BY THE ASSESSING OFFICER IN ORDER DATED 25 - 03 - 2013 , IN PROCEEDING S U/S. 271(1)(C) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . WE COME TO LATTER ASSESSMENT YEAR 2005 - 06 NOW. THE ASSESSEE HAS FILED ITA 458/AHD/2015 AGAINST THE CIT(A) S ORDER DATED 30 - 12 - 2014 IN CASE NO. CAB/(A) - 2/042/2014 - 15 AND CONFIRMING IDENTICAL PENALTY OF RS. 8,68,595/ - IMPOSED BY THE ASSESSING OFFICER IN ORDER DATED 28 - 03 - 2013. THE REVENUE S CROSS APPEAL ITA 5 76/AHD/2015 ALSO AR ISE S AGAINST THE VERY LOWER APPELLATE ORDER DELETING PENALTY OF R S. 27,97,317/ - AND ASSESSEE S CROSS OBJECTION THEREIN SUPPORT S THE CIT(A) S ACTION DELETING THE IMPUGNED PENALTY. THESE PROCEEDINGS ARE ALSO UNDER SECTION 271(1)(C) OF THE ACT 2. LEARNED CO UNSEL REPRESENTING ASSESSEE AS WELL AS REVENUE SUBMIT AT THE OUTSET THAT ALL THESE IMPUGNED PENALTIES SUBJECT MATTER I.T.A NO. 457, 458 & 576 & CO NO. 54 /AHD /2015 A.Y . 2004 - 05 & 05 - 06 PAGE NO SABIC RESEARCH & TRAINING PVT. LTD. VS. ACIT 3 OF THE INSTANT APPEALS/CROSS OBJECTION STEM OUT OF THE TWO RE - ASSESSMENTS FRAMED BY THE ASSESSING OFFICER ON 21 - 01 - 2010 IN BOTH ASSESSMENT YEARS. THE ASSESSEE PLACES BEFORE US COPY OF TH E TRIBUNAL S ORDER DATED 24 - 07 - 2015 IN ITA NOS. 1065 & 1066/AHD/2012 IN QUANTUM PROCEEDINGS QUASHING THE ABOVE STATED REASSESSMENTS AS NOT SUSTAINABLE I N THE EYES OF LAW. BOTH THE LEARNED REPRESENTATIVES ARE AD - IDEM THAT THE IMPUGN ED PENALTIES HAVE GOT NO LEGS TO STAND ONCE QUANTUM REASSESSMENTS STAND QUASHED. WE ACCEPT ASSESSEE S APPEALS CHA LLENGING ABOVE STATED PENALTIES IN BOTH THE IMPUGNED ASSESSMENT YEARS. THE REVENUE S CROSS APPEAL FILED IN THE LATTER ASSESSMENT YEAR SEEKING TO REVIVE THE ABOVE STATED PENALTY FAILS ACCORDINGLY. THE ASSESSEE S CROSS OBJECTION THEREIN IS RENDERED INFRUCTUOUS. ORDERED ACCORDINGLY. 3. ASSESSEE S APPEALS ITA 457 & 458/AHD/2015 ARE ALLOWED. REVENUE S APPEAL ITA 576/AHD/ 2015 IS DISMISSED AND ASSESSEE S CROSS OBJECTION IN REVENUE S CROSS APPEAL IS RENDERED INFRUCTOUS. ORDER PR ONOUNCED IN THE OPEN C OURT ON 10 - 06 - 201 6 SD/ - SD/ - ( PRAMOD KUMAR ) ( S. S. GODARA ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD : DATED 10 /06 /2016 AK / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE I.T.A NO. 457, 458 & 576 & CO NO. 54 /AHD /2015 A.Y . 2004 - 05 & 05 - 06 PAGE NO SABIC RESEARCH & TRAINING PVT. LTD. VS. ACIT 4 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,
