The ACIT,(OSD)Circle-9, Ahmedabad V. M/s. Pushkar Construction Co., Ahmedabad

ITA 53/AHD/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 0611 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 8 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-09-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 09-09-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 08-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: P M MEHTA
• Section: 143(3)

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD BEFORE SHRI R.P. TOLANI, JUDICIAL MEMBER AND SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER ./ ITA NO. 53/AHD/2014 / ASSESSMENT YEAR : 2008-09 ACIT (OSD), CIRCLE-9, AHMEDABAD VS M/S. PUSHKAR CONSTRUCTION CO., AMBICA NIWAS, NR. UMA SOCIETY, PALDI, AHMEDABAD PAN : AAIFP 1527 B / (APPELLANT) / (RESPONDENT) REVENUE BY : SHRI PRASOON KABRA, SR DR ASSESSEE BY : SHRI P M MEHTA, AR / DATE OF HEARING : 09/09/2016 / DATE OF PRONOUNCEMENT: 09/09/2016 / O R D E R PER R.P. TOLANI, JUDICIAL MEMBER:- THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-XV, AHMEDABAD DATED 21.10.2013 FOR ASSESSMENT YEAR 2008-09. 2. THE ONLY EFFECTIVE GROUND RAISED IN THIS APPEAL IS WHETHER THE CIT(A) IS JUSTIFIED IN DELETING THE PENALTY OF RS.19,64,70 8/- LEVIED BY THE ASSESSING OFFICER U/S 271(1)(C) OF THE INCOME-TAX ACT. 3. BRIEFLY STATED THE FACTS ARE THAT, FOR THE YEAR UNDER CONSIDERATION, ASSESSMENT U/S 143(3) OF THE ACT WAS COMPLETED VIDE ORDER DATED 02.11.2010, MAKING DISALLOWANCE OF CLAIM U/S 80IB(1 0) INCOME-TAX ACT AMOUNTING TO RS.63,58,278/-. ON FURTHER APPEAL, TH E CIT(A) CONFIRMED THE SAID ADDITION VIDE ORDER DATED 25.08.2011 IN APPEAL NO.CIT(A)- XV/9(1)/214/10-11. ITA NO. 53/AHD/2014 ACIT VS. PUSHKAR CONSTRUCITON CO. AY : 2008-09 2 3.1 SUBSEQUENT TO AFORESAID CIT(A)S ORDER, PENALTY U/S 271(1)(C) OF THE ACT WAS COMPLETED, IMPOSING A PENALTY OF RS.19,64,7 08/-. ON FURTHER APPEAL, THE IMPUGNED PENALTY ORDER WAS CANCELLED BY THE CIT(A) VIDE ORDER DATED 21.10.2013. THE REVENUE, BEING AGGRIEVED, IS IN APPEAL BEFORE THE TRIBUNAL. 4. AT THE TIME OF HEARING BEFORE US, IT WAS POINTED OUT BY THE LD. COUNSEL THAT, IN THE QUANTUM APPEAL, THE TRIBUNAL HAS ALLOW ED THE CLAIM OF ASSESSEE U/S 80IB(10) AMOUNTING TO RS.86,20,238/-, VIDE ORDE R DATED 21.10.2015 IN ITA NO.2697/AHD/2011 COPY OF THE ORDER IS PLACED ON RECORD. THEREFORE, WHEN THE TRIBUNAL HAS DELETED THE ADDITION, THE PEN ALTY LEVIED ON THE BASIS OF SUCH ADDITION CANNOT SURVIVE. ACCORDINGLY, WE U PHOLD THE ORDER OF THE CIT(A) CANCELLING THE PENALTY LEVIED BY THE ASSESSI NG OFFICER U/S 271(1)(C) AND REVENUES APPEAL IS DISMISSED. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE COURT ON 9 TH SEPTEMBER, 2016 AT AHMEDABAD. SD/- SD/- (PRADIP KUMAR KEDIA) ACCOUNTANT MEMBER (R.P. TOLANI) JUDICIAL MEMBER AHMEDABAD; DATED 09/09/2016 *BIJU T. / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. / CONCERNED CIT 4. ( ) / THE CIT(A) 5. , , / DR, ITAT, AHMEDABAD 6. / GUARD FILE . / BY ORDER, TRUE COPY / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD