GEETU R. CHANDIRAMANI, MUMBAI V. ITO 12 (2)(4), MUMBAI

ITA 5502/MUM/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 3564 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2016
• Appeal Filed By: Assessee
• Bench Allotted: G
• Next Hearing Date: 31-05-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 01-09-2014
• Court: TRIBUNAL
• Department Lawyers: A RAMACHANDRAN
• Assessee Lawyers: D B MOHINI

Judgement Text

, , G , IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES G, MUMBAI , , , BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER, AND SHRI ASHWANI TANEJA, ACCOUNTANT MEMBER ITA NO.5502/MUM/2014 ASSESSMENT YEAR: 2006-07 GEETU R. CHANDIRAMANI, 15 BANDUS COURT, 1 ST PASTA LANE, COLABA MUMBAI-400005 / VS. ITO 12(2)(4) MUMBAI- (ASSESSEE ) (REVENUE) P.A. NO. AABPC0695G APPELLANT BY SHRI D. B. MOHINI (AR) RESPONDENT BY SHRI A. RAMACHANDRAN (DR) / DATE OF HEARING: 31/05/2016 / DATE OF ORDER: 31/05/2016 / O R D E R PER AMIT SHUKLA (JUDICIAL MEMBER): THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAINST T HE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS), MUMBAI- 23 {(IN SHORT CIT(A)}, DATED 16.06.2014 PASSED AG AINST PENALTY ORDER U/S 271(1)(C) DATED 19.03.2012 FOR THE ASSESS MENT YEAR 2006-07 FOR CONTESTING THE LEVY OF PENALTY OF RS.61 ,650/- LEVIED BY THE AO. GEETU R. CHANDIRAMANI 2 2. DURING THE COURSE OF HEARING, ARGUMENTS WERE MADE B Y SHRI D.B. MOHINI, (AR) ON BEHALF OF THE ASSESSEE AN D BY SHRI A. RAMACHANDRAN, DEPARTMENTAL REPRESENTATIVE (LD. DR) ON BEHALF OF THE REVENUE. 3. DURING THE COURSE OF HEARING IT WAS BROUGHT TO OUR NOTICE THAT SIMILAR DISALLOWANCE WAS MADE IN THE CASE OF C O OWNER OF THE ASSESSEE NAMELY MRS. PARMESHWARI L. CHANDIRAMAN I, ON WHICH PENALTY WAS ALSO LEVIED WHICH WAS SUBSEQUENTL Y DELETED BY THE TRIBUNAL VIDE ORDER DATED 11.05.2016 IN ITA NO.5503/MUM/2014. 3.1. THE LD. DR DID NOT CONTROVERT THE SUBMISSIONS OF T HE ASSESSEE. IT IS NOTED BY US THAT DISALLOWANCE WAS M ADE AND PENALTY WAS LEVIED ON THE IDENTICAL ISSUE IN THE CA SE OF CO- OWNER, AS STATED BY THE LD. COUNSEL THAT THE TRIBUN AL VIDE ITS AFORESAID ORDER DELETED THE PENALTY WITH FOLLOWING OBSERVATIONS: WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED THE RELEVANT MATERIALS ON RECORDS PLACED BEFORE US. AFTER PERUSING THE ORDERS OF THE AUTHORI TIES BELOW, WE FIND THAT IT IS CLASSICAL CASE OF NON- APPLICATION OF MIND BOTH BY THE AO AND FAA. THE FAA IN QUANTUM PROCEEDINGS DECIDED THE ISSUE IN FAVOUR OF THE ASSESSEE BY ISSUING DIRECTIONS TO THE AO AND ALLOWED THE APPEAL FOR STATISTICAL PURPOSES. THE AR OF THE ASSESSEE ALSO; VEHEMENTLY ARGUED THAT THE INCOME AS PER THE ASSESSMENT ORDER AND INCOME AFTER APPEAL EFFECT IN QUANTUM PROCEEDINGS WERE SAME AND PENALTY LEVIED WAS WRONG AND DUE TO NON- GEETU R. CHANDIRAMANI 3 APPLICATION OF MIND TO THE FACTS, BOTH ON THE PART OF AO AND CIT(A). THUS, BOTH THE AUTHORITIES BELOW HAVE FAILED TO APPRECIATE THE FACTS CORRECTLY. MOREOVER, THE PENALTY PROVISIONS ARE HARSH AND NOT TO BE APPLIED MECHANICALLY AS HAS BEEN DONE IN THE INSTANT CASE. WE, THEREFORE, DIRECT THE DELETIO N OF PENALTY BY REVERSING THE ORDER OF FAA. THE AO IS DIRECTED ACCORDINGLY, THUS, GROUNDS RAISED BY THE ASSESSEE ARE ALLOWED. 3.2. NOTHING HAS BEEN ARGUED BEFORE US TO MAKE ANY DISTINCTION IN THE FACTS. WE FIND THAT NO DIFFERENT DECISION CAN BE TAKEN FROM THE DECISION AS HAS ALREADY TAKEN BY THE TRIBUNAL. UNDER THESE CIRCUMSTANCES WE FIND THAT IM PUGNED PENALTY IS NOT SUSTAINABLE AND THEREFORE, IMPUGNED PENALTY OF RS.61,650/- IS DIRECTED TO BE DELETED. 4. IN THE RESULT, THIS APPEAL FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST MAY , 2016. SD/- (ASHWANI TANEJA) SD/- (AMIT SHUKLA ) ! / ACCOUNTANT MEMBER ' ! / JUDICIAL MEMBER MUMBAI; # DATED : 31/05/2016 CTX? P.S/. .. #$'%&'(')% / COPY OF THE ORDER FORWARDED TO : 1. % &' / THE APPELLANT 2. ()&' / THE RESPONDENT. 3. * * ( % ) / THE CIT, MUMBAI. 4. * * / CIT(A)- , MUMBAI GEETU R. CHANDIRAMANI 4 5. -. / (01 , * % 012 , / DR, ITAT, MUMBAI 6. / 34 5 / GUARD FILE. / BY ORDER, ) -% ( //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI