SHRI. RAJAT PATEL, Mumbai V. DCIT CC-3(4), Mumbai

ITA 4640/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 3626 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-03-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2008-2009
• Appeal Filed On: 08-07-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUM BAI BEFORE SHRI SHAMIM YAHYA, AM AND SHRI RAM LAL NEGI, JM ITA NO. 4640/MUM/2019 (ASSESSMENT YEAR: 2008-09) SHRI RAJAT PATEL 1003-04, A WING, QUANTUM PARK, UNION PARK OFF CARTER ROAD, KHARDANDA, KHAR (W), MUMBAI-400 050 VS. DY. CIT, CENTRAL CIRCLE-3(4), I. T. OFFICES, M. K. ROAD, NEW MARINE LINES, MUMBAI-400 020 PAN/GIR NO. AAIPP 5183 F ( APPELLANT ) : ( RESPONDENT ) APPELLANT BY : SHRI KIRIT SANGHVI RESPONDENT BY : SHRI BHARAT ANDHLE DATE OF HEARING : 08.03.2021 DATE OF PRONOUNCEMENT : 09.03.2021 O R D E R PER SHAMIM YAHYA, A. M.: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-51, MUMBAI (L D.CIT(A) FOR SHORT) DATED 13.06.2019 AND PERTAINS TO THE ASSESSMENT YEAR (A.Y .) 2008-09, WHEREIN FOLLOWING PENALTY LEVIED U/S.271(1)(C) HAS BEEN CONFIRMED AS UNDER: ASSESSMENT YEAR AMOUNT OF PENALTY 2008-09 RS.3,64,260/- 2. AT THE OUTSET, IN THIS CASE, THE LD. COUNSEL OF THE ASSESSEE SUBMITTED THAT THE QUANTUM APPEAL WITH REFERENCE TO WHICH THIS PENALTY HAS BEEN LEVIED HAS ALREADY BEEN DECLARED BY THE ITAT IN FAVOUR OF THE ASSESSEE INAS MUCH AS ITAT HAS QUASHED THE ASSESSMENT ON JURISDICTIONAL GROUND. 3. UPON HEARING BOTH THE PARTIES AND PERUSING THE R ECORDS, WE FIND THAT QUANTUM APPEAL WITH REFERENCE TO WHICH THIS PENALTY HAS BEE N MADE IS ALREADY BEEN QUASHED BY THE ITAT IN ITA NOS. 3183 & 3185/MUM/2015 VIDE ORDER DA TED 25.04.2019. 2 ITA NO. 4640/MUM/2019 (ASSESSMENT YEAR: 2008-09) 4. IN THIS VIEW OF THE MATTER, WHEN QUANTUM APPEAL HAS ALREADY BEEN DECIDED IN FAVOUR OF THE ASSESSEE, THE PENALTY LEVIED WITH REF ERENCE TO THE SAME DOES NOT SURVIVE. ACCORDINGLY, WE SET ASIDE THE ORDERS OF THE AUTHORI TIES BELOW AND DELETE THE PENALTY. 5. IN THE RESULT, THE ASSESSEES APPEAL IS ALLOWED. ORDER PRONOUNCED UNDER RULE 34(4) OF THE INCOME TAX (APPELLATE TRIBUNAL) RULES, 1962, BY PLACING THE DETAILS ON THE NOTICE BOARD ON 09.03.20 21 SD/- SD/- (RAM LAL NEGI) (SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED : 09.03.2021 ROSHANI , SR. PS 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