Income-tax Officer, V. M/s. Jolly Steel Industires Pvt. ltd., Pune

ITA 527/PUN/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 9375 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 1 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2017
• Appeal Filed By: Department
• Order Result: Partly Allowed
• Bench Allotted: B
• Next Hearing Date: 31-05-2017
• Assessment Year: 2004-2005
• Appeal Filed On: 23-04-2015
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Keywords: Principle of natural justice

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B, PUNE . . . . , , BEFORE SHRI D.KARUNAKARA RAO, AM AND SHRI VIKAS AWASTHY, JM . / ITA NO. 527/PUN/2015 / ASSESSMENT YEAR : 2004-05 ITO, WARD - 14 (1), PUNE . / APPELLANT V/S M/S. JOLLY STEEL INDUSTRIES PVT. LTD., 23, JOLLY VILLA, BUND GARDEN ROAD, PUNE 411 001 PAN : AAACJ1430E . / RESPONDENT ASSESSEE BY : SHRI KISHOR PHADKE REVENUE BY : SHRI ACHAL SHARMA / ORDER PER D. KARUNAKARA RAO, AM : THIS APPEAL FILED BY THE REVENUE IS AGAINST THE OR DER OF COMMISSIONER OF INCOME TAX (APPEALS)-5, MUMBAI DATED 29-01-2015 IN CONNECTION WITH LEVYING PENALTY U/S.271(1)(C) OF THE ACT FOR THE AS SESSMENT YEAR 2004-05. 2. AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE SUBM ITTED THAT PRESENT APPEAL ON PENALTY RELATES TO THE ADDITION CONTESTED IN THE APPEAL OF THE ASSESSEE BEFORE THE TRIBUNAL. FURTHER, HE SUBMITT ED THAT THE TRIBUNAL REMANDED THE APPEAL OF THE ASSESSEE ON MERITS TO TH E FILE OF CIT(A) VIDE THE APPEALS IN ITA NOS. 2361 & 2362/MUM./2014 ORDER DAT ED 28-01-2016. AFTER FILING A COPY OF THE ORDER, LD. COUNSEL READ OUT TH E CONTENTS IN PARA NOS. 7 & 8 OF THE ORDER OF THE TRIBUNAL CITED (SUPRA). THE SAME READ AS UNDER : / DATE OF HEARING :31.05.2017 / DATE OF PRONOUNCEMENT: 31.05.2017 2 ITA NO.527/PUN/2015 7. AS THE ENTIRE MATTER IS RESTORED BACK TO THE FI LE OF THE LEARNED COMMISSIONER (APPEALS) FOR DENOVO ADJUDICATION ON A LL THE ISSUES, WE REFRAIN FROM ADJUDICATING THE GROUNDS RAISED ON MERIT. 8. IN THE RESULT, ASSESSEES APPEALS ARE ALLOWED FO R STATISTICAL PURPOSES. 3. WE HEARD BOTH THE PARTIES AND PERUSED SAID ORDER OF THE TRIBUNAL AND APPEAL PAPERS FILED BEFORE US. FROM THE ABOVE, IT IS SEEN THAT THE ISSUES RAISED IN THE QUANTUM APPEAL WAS REMANDED TO THE FI LE OF CIT(A) FOR DENOVO ADJUDICATION. CONSIDERING THE SAME IN THE PRESENT APPEAL, WHERE THE PENALTY RELATED ISSUES ARE RAISED, WE ARE OF THE OPINION TH AT SIMILAR DIRECTION SHOULD BE GIVEN TO CIT(A). THE CIT(A) GRANTED RELIEF TO T HE ASSESSEE ON THE ISSUE OF LEVY OF PENALTY AS PER DISCUSSION GIVEN IN PARA NO. 3 OF HIS ORDER. IN OUR VIEW, THE SAID DECISION IS PREMATURE CONSIDERING TH E REASONED ORDER OF THE TRIBUNAL (SUPRA). IT IS OBVIOUS THAT LD. CIT(A), M UMBAI DID NOT HAVE THE BENEFIT OF THE ORDER OF TRIBUNAL DATED 28-01-2016 O N THE DATE OF PASSING OF HIS ORDER, I.E., 29-01-2015. THEREFORE, IT IS IN T HE INTEREST OF JUSTICE THAT CIT(A) NEED TO ADJUDICATE THE SAME DENOVO IN TUNE W ITH HIS FINDING ON MERITS. THE CIT(A) SHALL GRANT REASONABLE OPPORTUN ITY OF BEING HEARD TO THE ASSESSEE IN THE REMAND PROCEEDINGS BEFORE HIM IN AC CORDANCE WITH THE PRINCIPLES OF NATURAL JUSTICE, CIT(A) SHALL PASS A SPEAKING ORDER, IF ANY. 4. IN THE RESULT, APPEAL OF THE REVENUE IS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 31 ST DAY OF MAY, 2017. SD/- SD/- (VIKAS AWASTHY) (D. KARUNAKARA RAO) /JUDICIAL MEMBER / ACCOUNTANT MEMBER PUNE; DATED : 31 ST MAY, 2017. 3 ITA NO.527/PUN/2015 / COPY OF THE ORDER FORWARDED TO : / BY ORDER , // TRUE COPY // //TRUE COPY// /ASSISTANT REGISTRAR , / ITAT, PUNE 1. / THE APPELLANT 2. / THE RESPONDENT 3. THE CIT(A) - 5, MUMBAI 4. CIT - 5, MUMBAI 5. , , B BENCH / DR, ITAT, B BENCH PUNE; 6. / GUARD FILE.