DCIT (IT) 3(1)(2), MUMBAI V. LLOYDS REGISTER, MUMBAI

ITA 4991/MUM/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 1665 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 10 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-09-2018
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: L
• Assessment Year: 2007-2008
• Appeal Filed On: 07-10-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: HIMANSHU SHARMA
• Assessee Lawyers: SOHIL J SHETHIA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL L BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, AM AND SHRI SAKTIJIT DEY, JM I.T.A. NO. 4991/MUM/2015 ( ASSESSMENT YEAR: 2007 - 08 ) DY. CIT(IT) - 3(1)(2), ROOM NO. 113, 1 ST FLOOR, SCINDIA HOUSE, BALLARD ESTATE, MUMBAI - 400 038 VS. M/S. LLOYDS REGISTER C/O. 63 - 64, KALAPATRU SQUARE, 6 TH FLOOR, KONDIVATI LANE, ANDHERI (E), MUMBAI - 400 059 PAN/GIR NO. AAACL 2209 B ( APPELLANT ) : ( RESPONDENT ) APPELLANT BY : SHRI HIMANSHU SHARMA RESPONDENT BY : SHRI SOHIL J. SHETHIA DATE OF HEARING : 20.08.2018 DATE OF PRONOUNCEMENT : 06.09 .2018 O R D E R PER S HAMIM YAHYA, A. M.: THIS A PPEAL BY THE REVENUE IS DIRECTED AGAINST THE O RDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) 57, MUMBAI (LD.CIT(A) FOR SHORT) DATED 2 1.07.2015 AND PERTAINS TO THE A SSESSMENT YEAR 2007 - 08. 2. THE GROUNDS OF APPEAL RAISED IN THIS CASE READS AS UNDER: 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, WHETHER THE LD. CIT(A) IS RIGHT IN CANCELLING THE PENALTY ORDER U/S. 271( 1)(C) OF THE I. T. INCOME TAX ACT, 1961, 1961 PASSED BY THE A.O. 2. THE APPELLANT PRAYS THAT THE ORDER OF THE CIT(A) ON THE ABOVE GROUND(S) BE SET ASIDE AND THAT OF THE ASSESSING OFFICER BE RESTORED. 3. UPON HEARING BOTH THE COUNSEL AND PERUSING THE RECOR DS, IT TRANSPIRES THAT THE ORDER OF THE LD. CIT(A) IN THIS CASE, WHEREIN THE ADDITION WAS DELETED HAS BEEN 2 ITA NO. 4991/MUM/2015 M/S. LLOYDS REGISTER R E MITTED B Y THE ITAT IN ITA NO. 6746/MUM/2011 VIDE ORDER DATED 18.03.2016 TO THE TILE OF THE LD. C IT(A) FOR FRESH CONSIDERATION. IN THIS VIEW OF THE MATTER BOTH THE COUNSEL AGREED THAT THE ISSUE OF PENALTY IN THIS CASE ALSO DESERVES TO BE RE MITTED TO THE FILE OF THE LD. CIT(A). ACCORDINGLY , IN THE INTEREST OF JUSTICE, WE RE MIT THE ISSUE OF LEVY OF PENALTY ALSO TO THE FILE OF THE LD. CIT(A) IN VIEW OF THE REMAND ON MERITS BY THE ITAT. 4. IN THE RESULT, THE APPEAL BY THE REVENUE STANDS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 06.09.2018 SD/ - SD/ - ( SAKTIJIT DEY ) (S HAMIM YAH YA) J UDICIAL MEMBER A CCOUNTANT MEMBER MUMBAI ; DATED : 06.09.2018 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 F ILE BY ORDER, (DY./ASSTT. REGISTRAR) ITAT, MUMBAI