ITO WARD 2(1) KALYAN, V. SHRI JAIRAJ H KALYANI, ULHASNAGAR

ITA 5572/MUM/2007

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 7369 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 6 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-03-2010
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: J
• Next Hearing Date: 17-03-2010
• Assessment Year: 1999-2000
• Appeal Filed On: 24-08-2007
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S K MADHUK
• Assessee Lawyers: SUBODH L RATNAPARKHI
• Keywords: Opportunity of being heard
• Section: 69C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, J, MUMBAI BEFORE SHRI R V EASWAR, SENIOR VICE PRESIDENT AND SHRI R K PANDA, ACCOUNTANT MEMBER I T A NO: 5572/MUM/2007 (ASSESSMENT YEAR: 1999-2000) INCOME TAX OFFICER, WARD 2(1), KALYAN APPELLANT VS SHRI JAIRAJ H KALYANI, ULHASNAGAR RESPONDENT L/H OF LATE SHRI HIRANAND B KALYANI (PAN: ACHPK9676M) APPELLANT BY: SHRI S K MADHUK RESPONDENT BY: SHRI SUBODH L RATNAPARKHI O R D E R R V EASWAR, SENIOR VICE PRESIDENT: THIS APPEAL BY THE DEPARTMENT IS DIRECTED AGAINST THE ORDER OF THE CIT(A) PASSED ON 15 TH JUNE 2007, BY WHICH HE CANCELLED THE PENALTY LEVIED BY THE ASSESSING OFFICER UNDER SECTI ON 271(1)(C) OF THE INCOME TAX ACT, 1961, IN RESPECT OF THE ADDITIONS O F RS.8,08,170/- AND RS.24,245/-. THE AMOUNT OF RS.8,08,170/- WAS ADDED AS SALE OF BOGUS DIAMONDS AND THE AMOUNT OF RS.24,245/- WAS ADDED UN DER SECTION 69C OF THE ACT. 2. AT THE TIME OF HEARING, IT WAS SUBMITTED ON BEHA LF OF THE ASSESSEE THAT BY ORDER DATED 29 TH OCTOBER 2009 IN ITA NO: 1566/MUM/2004, THE TRIBUNAL HAS SET ASIDE THE ASSES SMENT APPEAL TO THE FILE OF THE CIT(A) WITH DIRECTIONS TO DISPOSE O FF THE SAME ON MERIT AFTER GIVING REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. IT WOULD APPEAR THAT THE CIT(A) HAD DISMISSED THE ASSE SSEES APPEAL AGAINST THE AFORESAID ADDITIONS FOR NON PROSECUTION AND WITHOUT 2 EXAMINING THE MERITS OF THE APPEAL. A COPY OF THE ORDER OF THE TRIBUNAL HAS BEEN FILED BEFORE US. SINCE THE ASSESSMENT APP EAL HAS BEEN RESTORED TO THE CIT(A) FOR DISPOSAL ON MERITS, WE S ET ASIDE THE IMPUGNED ORDER OF THE CIT(A) CANCELING THE PENALTY WITH REFERENCE TO THE ADDITION OF RS.8,08,170/- AND RS.24,245/- AND R ESTORE THE APPEAL TO THE ABOVE EXTENT TO THE FILE OF THE CIT(A) FOR BEIN G DISPOSED OF AFRESH, IN ACCORDANCE WITH LAW. WE DIRECT ACCORDINGLY AND ALLOW THE APPEAL OF THE DEPARTMENT, BUT ONLY FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON 18 TH MARCH 2010. SD/- SD/- (R K PANDA) (R V EASWAR) ACCOUNTANT MEMBER SENIOR VICE PRESI DENT MUMBAI, DATED 18 TH MARCH 2010 SALDANHA COPY TO: 1. SHRI JAIRAJ H KALYANI L/H OF LATE SHRI KIRANAND B KALYANI 501, SHEWADAS APT., UMC ROAD, ULHASNAGAR 2. 2. ITO, WARD 2(1), KALYAN 3. CIT-III, THANE 4.CIT(A)-II, THANE 5.DR J BENCH TRUE COPY BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI