The ACIT, 5(1), Indore V. M/s Agrawal Coal Corpn P. Ltd., Indore

ITA 554/IND/2012

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 99266 (ITAT-INDORE)
• Duration Of Justice: 3 year(s) 2 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 01-10-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 19-10-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R A VERMA
• Assessee Lawyers: MANISH VAIDYA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI D.T. GARASIA, HONBLE JUDICIAL MEMBER AND SHRI B.C. MEENA, HONBLE ACCOUNTANT MEMBER ITA NO. 554/IND/2012 A.Y.2007-08 ASSTT. COMMISSIONER OF INCOME TAX 5(1) INDORE ::: APPELLANT VS M/S AGRAWAL COAL CORPORATION PRIVATE LTD., INDORE ::: RESPONDENT APPELLANT BY SHRI R.A.VERMA RESPONDENT BY SHRI AJAY TULSIYAN & SHRI MANISH VAIDYA DATE OF HEARING 1.12.2015 DATE OF PRONOUNCEMENT 21 .12.2015 O R D E R PER SHRI B.C. MEENA, AM THIS APPEAL FILED BY THE REVENUE EMANATES FROM THE ORDER OF THE LEARNED CIT(A)-II, INDORE, DATED 10. 7.2012. 2. THE CRUX OF THE GROUNDS OF APPEAL OF THE REVENUE IS THAT THE LEARNED CIT(A) WAS NOT JUSTIFIED IN DELETING THE PENALTY LEVIED BY THE ASSESSING OFFICER U/S 271(1)(C ) OF THE ACT. 3. IN THIS CASE THE RETURN OF INCOME WAS FILED BY THE ASSESSEE DECLARING TOTAL INCOME OF RS.7,33,43,580/- AND THE ASSESSMENT WAS MADE BY THE ASSESSING OFFICER AT RS.7,64,99,690/- U/S 143(3) OF THE ACT. PRONOUNCED IN OPEN COURT ON 21 ST DECEMBER, 2015 SD/- SD/- (D.T. GARASIA) (B.C. MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER 21 ST DECEMBER, 2015 DN/-