DATTATRAY BAPU GHARAT, RAIGAD V. ITO WD (1), NEW PANVEL

ITA 5036/MUM/2015

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 8691 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-01-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Next Hearing Date: 24-01-2017
• Assessment Year: 2011-2012
• Appeal Filed On: 13-10-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M C OMI NINGSHEN
• Assessee Lawyers: M A GOHEL

Judgement Text

INCOME TAX APPELLATE TRIBUNAL,MUMBAI - H BENCH BEFORE S/SH RI . D.T. GARASIA, JUDICIAL MEMBER & ASHWANI TANEJA, ACCOUNTANT MEMBER ITA NO. 5036/MUM/2015 ASSESSMENT YEAR - 2010 - 11 DATTATRAY BAPU GHARAT 70 1, KESHRINATH TOWER, PLOT E - 9 SECTOR 03, BELPADA, KHARGHAR PANVEL, DIST - RAIGAD 410 206 PAN NO. ADGPG 9506N V. THE INCOME TAX OFFICER, WARD (1) TRIFESD TOWER 3 RD FLOOR OPP. KHANDA COLONY NEW PANVEL ( APPELLANT ) ( RESPONDENT) APPELLANT BY SHRI M.A. GOHEL RESPONDENT BY SHRI M.C.OMI NINGSHEN DATE OF HEARING : 2 4 .01.2017 DATE OF PRONOUNCEMENT : 24 .01.2 017 O R D E R PER D.T. GARASIA , JUDICIAL MEMBER 1. THIS APPEAL IS FILED BY THE FILED AGAINST THE ORDER OF CIT(A) DATED 30.06.2015 FOR THE ASSESSMENT YEAR 201 1 - 12. 2. FOLLOWING GROUNDS ARE RAISED IN THE APPEAL READ AS U N DER : - 1. PENALTY UNDER SECTION 271(1)(C) OF THE ACT RS.10,30,131/ - 1.1 ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW, THE LEARNED CIT(A) ERRED IN CONFIRMING THE PEANALTY LEVIED BY THE LEARNED ASSESSING OFFICER UNDER SECTION 271(1)(C) OF THE ACT AT RS.10,30,131/ - . 1.2 THE LEARNED ASSESSING OFFICER AND THE LEARNED CIT(A) FAILED TO APPRECIATE THE SUBMISSIONS MADE AND EXPLANATION OFFERED BY THE APPELLANT AND THE LEGAL POSITION IN THIS BEHALF. ITA.NO. 5036/MUM/2015 DATTATRAY BAPU GHARAT . 2 3. DURING THE COURSE OF HEARING LD.A.R HAS GIVEN THE APPLICATION TO WITHDRAW THIS APPEAL ON THE GROUND THAT ASSESSEE DO NOT WANT TO PURSUE THIS APPEAL. THEREFORE HE HAS REQUESTED FOR PERMISSION TO WITHDRAW THIS APPEAL. 4. DURING THE COURSE OF HEARING WE HAVE PERMITTED TO WITHDRAW THIS APPEAL HENCE APPEAL IS DISMISSED N O ORDER IS TO PASS. 5. ORDER PRONOUNCED IN THE OPEN COURT ON 24 TH JANUARY, 2017. SD/ - SD/ - ( ASHWANI TANEJA ) ( D.T. GARASIA ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI , DATED 2 4 .01.2017 . VSSGB, SR. PS COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE . BY ORDER, //TRUE COPY// SD/ - (DY./ASSTT. REGISTRAR) ITAT, MUMBAI