ABHITECH ENERGYCON LTD, MUMBAI V. ACIT CC 20, MUMBAI

ITA 5195/MUM/2015

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 0023 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 3 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-02-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Not Allotted
• Assessment Year: 2009-2010
• Appeal Filed On: 04-11-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAURABH KUMAR
• Keywords: Wrong claim
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A, MUMBAI BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH , JUDICIAL MEMBER ITA NO. 5195/MUM/2015 : A.Y : 2009 - 10 M/S. ABHITECH ENERGYCON LIMITED, A - 1020, OBEROI GARDEN ESTATE, CHANDIVALI FARM ROAD, CHANDIVALI, ANDHERI (E), MUMBAI 400 072. PAN : AABCA3856C (APPELLANT) VS. ACIT, CENTRAL CIRCLE - 20, MUMBAI (RESPONDENT) APPELLANT BY : SHRI K. GOPAL & NEHA PARANJPE RESPONDENT BY : SHRI SAURABH KUMAR DATE OF HEARING : 15/02/2018 DATE OF PRONOUNCEMENT : 28 /02/2018 O R D E R PER G.S. PANNU , AM : THE CAPTIONED APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF CIT(A) - 51 , MUMBAI DATED 24.08.2015 , PERTAINING TO THE ASSESSMENT YEAR 2009 - 10 , WHICH IN TURN HAS ARISEN FROM THE ORDER PASSED BY THE ACIT, CENTRAL CIRCLE - 20, MUMBAI DATED 12.03.2014 UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). 2. IN BRIEF, THE RELEVANT FACTS ARE THAT THE ASSESSING OFFICER IN THE ASSESSMENT FINALISED U/S 143(3) OF THE ACT ON 26 .12.201 1 MADE AN ADDITION OF RS. 3,18,07,827 / - ON ACCOUNT OF WRONG CLAIM OF DEDUCTION U/S 80 - IC OF THE ACT AND HAD INITIATED SEPARATELY, PENAL TY PROCEEDINGS U/S 271(1)(C) OF THE ACT. THE ASSESSING OFFICER LEVIED PENALTY OF RS. 1,08,14,272 / - BEING 100% OF 2 ITA NO. 5195/MUM/2015 M/S. ABHITECH ENERGYCON LTD. THE TAX SOUGHT TO BE EVADED. EVEN THE CIT(A) HAS AFFIRMED THE LEVY OF PENALTY. AGAINST SUCH A DECISION OF THE CIT(A), ASSESSEE IS IN FURTHER APPEAL BEFORE US. 3. AT THE TIME OF HEARING, THE LEARNED REPRESENTATIVE FOR THE ASSESSEE POINTED OUT THAT THE QUANTUM PROCEEDINGS AGAINST THE DISALLOWANCE OF THE CLAIM OF DEDUCTION U/S 80 - IC OF THE ACT HAS BEEN DECIDED IN FAVOUR OF THE ASSESSEE BY THE TRI BUNAL VIDE ITS ORDER IN ITA NO. 2797 /MUM/201 3 DATED 13 .0 1 .201 7 . THE LEARNED REPRESENTATIVE ALSO SUBMITTED THAT SINCE THE ADDITION, ON THE BASIS OF WHICH THE PENALTY HAS BEEN LEVIED U/S 271(1)(C), ITSELF HAS BEEN DELETED BY THE TRIBUNAL VIDE ITS ORDER DATE D 13 .0 1 .201 7 (SUPRA), THE PENALTY DOES NOT SURVIVE. 4. THE LD. DR DID NOT OPPOSE THE FACTUAL MATRIX BROUGHT OUT BY THE LEARNED REPRESENTATIVE FOR THE ASSESSEE. 5. WE HAVE HEARD THE RIVAL SUBMISSIONS. WE FIND THAT THE ADDITION ON THE BASIS OF WHICH THE P ENALTY PROCEEDINGS WERE INITIATED HAVE BEEN DELETED BY THE TRIBUNAL VIDE ITS ORDER DATED 13 .0 1 .201 7 . THEREFORE, THE PENALTY LEVIED U/S 271(1)(C) OF THE ACT DOES NOT SURVIVE AND IS HEREBY DELETED. 6. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 8 T H FEBRUARY , 2018. SD/ - SD/ - ( PAWAN SINGH ) JUDICIAL MEMBER (G.S. PANNU) ACCOUNTANT MEMBER MUMBAI, DATE : 2 8 T H FEBRUARY , 201 8 *SSL* 3 ITA NO. 5195/MUM/2015 M/S. ABHITECH ENERGYCON LTD. COPY TO : 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT(A) CONCERNED 4) THE CIT CONCERNED 5) THE D.R, A BENCH, MUMBAI 6) GUARD FILE BY ORDER DY./ASSTT. REGISTRAR I.T.A.T, MUMBAI