M/S. ADVANCE GRP COOLING TOWERE PVT LTD, MUMBAI V. INCOME TAX OFFICER-12(1)(1), MUMBAI

ITA 5239/MUM/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 0422 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-02-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2013-2014
• Appeal Filed On: 09-08-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BRAJENDRA KUMAR
• Section: 271(1)(c); 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A , MUMBAI BEFORE SHRI SHAMIM YAHYA , ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 5239/MUM/2019 : A.Y : 2013 - 14 M/S. ADVANCE GRP COOLING TOWERS PRIVATE LTD., 406, SPAN CENTER, R.K. MISSION MARG, SANTA CRUZ (W), MUMBAI 400 054. PAN : AAECA8216G (APPELLANT) VS. INCOME TAX OFFICER - 12(1)(1), MUMBAI. (RESPONDENT) APPELLANT BY : SHRI SANJAY PARIKH RESPONDENT BY : SHRI BRAJENDRA KUMAR DATE OF HEARING : 11/02/2021 DATE OF PRONOUNCEMENT : 11 /02/2021 O R D E R PER SHAMIM YAHYA , AM : THIS IS AN APPEAL BY THE ASSESSEE DIRECTED AGAINST ORDER OF LEARNED COMMISSIONER OF INCOME TAX (APPEALS) - 20, MUMBAI (IN SHORT THE CIT(A) ) PASSED UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT), VIDE ORDER DATED 3 0 .0 5 .2019 AND PERTAINS TO ASSESSMENT YEAR 201 3 - 1 4 , WHEREIN HE CONFIRMED THE PENALTY OF RS.5,04,442/ - . 2. AT THE OUTSET, THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT ITAT HAS DELETED THE ADDITION WITH REFERENCE TO WHICH THE PENALTY HAS BEEN LEVIED. IN THIS REGARD, HE REFERRED TO THE ITAT DECISION IN ITA NO. 3965/MUM/2018 FOR 2 ITA NO. 5239/MUM/2019 M/S. ADVANCE GRP COOLING TOWERS PVT. LTD. ASSESSMENT YEAR 2013 - 14 VID E ORDER DATED 17.07.2019 . HENCE, THE LEARNED COUNSEL SUBMITTED THAT THE PENALTY ORDER DOES NOT SURVIVE. 3. PER CONTRA , THE LEARNED DR DID NOT DISPUTE THE PROPOSITION. 4. UPON CAREFUL CONSIDERATION, WE HOLD THAT AS ITAT HAS DELETED THE ADDITION WITH RE FERENCE TO WHICH THE PENALTY IS LEVIED, THE PENALTY ORDER OF LEARNED CIT(A) DOES NOT SURVIVE. HENCE, WE SET - ASIDE THE ORDER OF AUTHORITIES BELOW AND DIRECT THAT THE PENALTY BE DELETED. 5. IN THE RESULT, APPEAL OF ASSESSEE IS ALLOWED. ORDER PRONOUNCED I N THE OPEN COURT ON 1 1 T H FEBRUARY, 202 1. SD/ - SD/ - ( PAVAN KUMAR GADALE ) JUDICIAL MEMBER ( SHAMIM YAHYA ) ACCOUNTANT MEMBER MUMBAI, DATE : 1 1 T H FEBRUARY, 20 21 *SSL* 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