ACIT CEN CIR 11, MUMBAI V. ASHOK M SETH, MUMBAI

ITA 5219/MUM/2012

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 92702 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 9 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-06-2015
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 07-04-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 17-08-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DR K SHIVRAM MS NEELAM JADHAV
• Assessee Lawyers: PREMANAND J

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI , , BEFORE SHRI JOGINDER SINGH, JUDICIAL MEMBER AND SHRI N.K . BILLAIYA, A CCOUNTANT M EMBER / I .T.A. NO . 5219/MUM/2012 ( / ASSESSMENT YEAR : 200 9 - 1 0 THE ACIT, CENTRAL CIRCLE - 13, MUMBAI / VS. SHRI ASHOK M. SETH, 304, 3 RD FLOOR, BWING, PRATIKSHA TOWERS, R.M. NIMKAR MARG, MUMBAI - 400 008 ./ ./ PAN/GIR NO. : AACPB 5967B ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY: DR. K. SHIVRAM MS. NEELAM JADHAV / RESPONDENT BY : SHRI PREMANAND J. / DATE OF HEARING : 0 2 . 0 6 .2015 / DATE OF PRONOUNCEMENT : 0 2 .0 6 .2015 / O R D E R PER N.K. BILLAIYA, AM: THIS IS AN APPEAL BY THE REVENUE PREFERRED AGAINST THE ORDER OF THE LD. CIT(A) - 37 , MUMBAI DT. 30.5.2012 PERTAINING TO ASSESSMENT YEAR 200 8 - 0 9 . 2. THE SOLE GRIEVANCE OF THE REVENUE IS THAT THE LD. CIT(A) ERRED IN DELETING THE PENALTY LEVIED U/S. 271(1)(C) OF THE ACT. ITA. NO. 5219/M/12 2 3. AT THE V ERY OUTSET, THE LD. COUNSEL FOR THE ASSESSEE BROUGHT TO OUR NOTICE THE DECISION OF THE TRIBUNAL IN THE CASE OF PRAKASH STEELAGE LTD. I N ITA NO. 5221/M/2012. THE LD. COUNSEL FURTHER POINTED OUT THAT THE ISSUE WAS RESTORED BACK TO THE FILE OF THE LD. CIT(A) FOR EXAMINATION OF LEVY OF PENALTY AND FOR FRESH CONSIDERATION ON ISSUE OF MERITS. 4. THE LD. DR FAIRLY CONCEDED TO THIS. 5. WE HAVE CAREFULLY GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW AND THE DECISION OF THE TRIBUNAL (SUPRA) BROUGHT TO OUR NOT ICE. WE FIND FORCE IN THE CONTENTION OF THE LD. COUNSEL. THE TRIBUNAL AT PARA 4.3 OF ITS ORDER HAS RESTORED THE MATTER TO THE FILE OF THE LD. CIT(A) TO ADJUDICATE THE ISSUE ARISING I.E. APPLICABILITY OF SEC. 271AAA IN THE FACTS OF THE CASE. RESPECTFULL Y FOLLOWING THE DECISION OF THE CO - ORDINATE BENCH, WE RESTORE THIS ISSUE TO THE FILE OF THE LD. CIT(A). THE LD. CIT(A) IS DIRECTED TO DECIDE THE ISSUE AFRESH IN THE LIGHT OF THE DIRECTIONS OF THE TRIBUNAL GIVEN IN THE CASE OF PRAKASH STEELAGE LTD IN ITA N O. 5221/M/12. 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSE. OR DER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON 2 ND JUNE , 2015 SD/ - SD/ - ( JOGINDER SING H ) (N.K. BILLAIYA) /JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED : 2 ND JUNE , 2015 . . ./ RJ , SR. PS ITA. NO. 5219/M/12 3 / 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// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI