ACIT CEN CIR 13, MUMBAI V. DEEPA RASTAURANT & BAR P.LTD, MUMBAI

ITA 5424/MUM/2012

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 71385 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-10-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2004-2005
• Appeal Filed On: 29-08-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 260A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'D' BENCH, MUMBAI BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER AND SHRI RAJENDRA, ACCOUNTANT MEMBER ITA NO. 5424/MUM/2012 (ASSESSMENT YEAR: 2004-05) INCOME TAX OFFICER WARD 8(1)(3) ROOM NO.206, 2 ND FLOOR AAYAKAR BHAVAN, M.K. ROAD MUMBAI-20. VS. M/S. DEEPA RESTAURANT & BAR PVT. LTD. 114, DADI CHAWL, S.V. ROAD, IRLA, VILE PARLE (W) MUMBAI-400 056. (APPELLANT) (RESPONDENT) P.A. NUMBER : AABCD 0206 H ASSESSEE BY : NONE REVENUE BY : SHRI AARSI PRASAD DATE OF HEARING : 22/10/2013 DATE OF PRONOUNCEMENT : 22/10/2013 O R D E R PER I.P. BANSAL, JM: THIS APPEAL IS FILED BY THE REVENUE . IT IS DIRECTE D AGAINST THE ORDER PASSED BY LD. CIT(A) DATED 12.06.2012 FOR THE ASSES SMENT YEAR 2004-05. THE GROUNDS OF APPEAL READ AS UNDER :- 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE AND IN LAW, THE LD. CIT(A) ERRED IN DELETING THE PENALTY U /S.271(1)(C) OF THE I.T. ACT, 1961 OF RS.14,52,011/-, ON THE GRO UND THAT HONBLE ITAT, MUMBAI HAS DELETED THE QUANTUM ADDITI ON MADE BY AO. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW, THE LD. CIT(A) ERRED IN DELETING THE PENALTY U /S.271(1)(C) OF THE I.T. ACT, 1961 OF RS.14,52,011/-, IGNORING T HE FACT THAT THE DEPARTMENT HAS NOT ACCEPTED THE DECISION OF THE HONBLE ITAT, MUMBAI AND IS IN THE PROCESS OF FILING FURTHE R APPEAL ITA NO.5424/M/12 A.Y.04-05 2 BEFORE THE HON'BLE BOMBAY HIGH COURT U/S. 260A OF T HE I.T. ACT, 1961. 3. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW, THE LD. CIT(A) ERRED IN DELETING THE PENALTY U /S.271(1)(C) OF THE I.T. ACT, 1961 OF RS.14,52,011/-, IGNORING THE PROVISIONS OF SECTION 275(1A) OF THE I.T. ACT, 1961, WHICH HAS INSERTED BY THE TAXATION LAWS (AMENDMENT) ACT, 2006, W.E.F. 13. 07.2006. 4. THE APPELLANT PRAYS THAT THE ORDER OF THE LD. CI T(A) ON THE ABOVE GROUNDS BE SET ASIDE AND THAT OF AO BE RE STORED. 2. LD. CIT(A) HAS DELETED THE CONCEALMENT ALREADY O N THE GROUND THAT ITAT IN ITA NO.6875/MUM/2007 VIDE ORDER DATED 13.0 4.2012 HAS DELETED THE ADDITION ON WHICH SUCH PENALTY IS IMPOS ED. AS THE ADDITION ITSELF HAS BEEN DELETED CONCEALMENT OF PENALTY DOES NOT HAVE ANY LEGS TO STAND. THE REVENUE IS AGGRIEVED BY SUCH ORDER. 2.1 NOTICE OF HEARING WAS SENT TO THE ASSESSEE, HOW EVER ON THE FIXED DATE OF HEARING NONE WAS PRESENT. 3. WE HAVE GONE THROUGH THE ORDER PASSED BY THE LD. CIT(A). LD. DR DID NOT DISPUTE TO THE FACT THAT THE IMPUGNED ADDIT ION ON WHICH CONCEALMENT PENALTY HAS BEEN LEVIED IS DELETED BY A FOREMENTIONED ORDER OF THE TRIBUNAL. IF IT IS SO, THEN THERE IS NO INF IRMITY IN THE ORDER PASSED BY THE LD. CIT(A) VIDE WHICH PENALTY LEVIED UPON AS SESSEE HAS BEEN DELETED. WE, DECLINE TO INTERFERE. 4. APPEAL FILED BY REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND OCTOBER, 2013. SD/- SD/- (RAJENDRA ) ACCOUNTANT MEMBER (I.P. BANSAL ) JUDICIAL MEMBER MUMBAI, DATED: 22/10/2013. JV. ITA NO.5424/M/12 A.Y.04-05 3 COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.