DILIP S. DAHANUKAR, MUMBAI V. ITO 12(3)(3), MUMBAI

ITA 5601/MUM/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 1448 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 3 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-12-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 16-12-2016
• Assessment Year: 1996-1997
• Appeal Filed On: 05-09-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M V RAJGURU
• Assessee Lawyers: SUDHIR J MEHTA
• Section: 234B; 154; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH D, MUMBAI BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND SHRI ASHWANI TANEJA, ACCOUNTANT MEMBER ITA NO.5601/M/2014 ASSESSMENT YEAR: 1996-97 MR. DILIP S. DAHANUKAR, INDUSTRIAL ASSURANCE BLDG., 3 RD FLOOR, CHURCHGATE, MUMBAI 400 020 PAN: ABAPD1050G VS. ITO 12(3)(3), AAYAKAR BHAVAN, 1 ST FLOOR, MUMBAI - 400020 (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI SUDHIR J. MEHTA, A.R. REVENUE BY : SHRI M.V. RAJGURU, D.R. DATE OF HEARING : 23.12.2016 DATE OF PRONOUNCEMENT : 23.12.2016 O R D E R PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN PREFERRED BY THE ASSES SEE AGAINST THE ORDER DATED 08.07.2014 VIDE WHICH THE COMMISSIONER OF INC OME TAX (APPEALS) [HEREINAFTER REFERRED TO AS THE CIT(A)] HAS DISMISS ED THE APPEAL OF THE ASSESSEE AGAINST THE ORDER OF THE ASSESSING OFFICER (HEREINA FTER REFERRED TO AS THE AO) DATED 13.02.12 DISMISSING THE APPLICATION OF THE AS SESSEE MOVED UNDER SECTION 154 OF THE ACT. THE AO HAS DISMISSED THE APPLICATI ON OF THE ASSESSEE AGAINST THE LEVY OF INTEREST UNDER SECTION 234B OF THE ACT IN RELATION TO THE ADDITIONS MADE DURING THE ASSESSMENT PROCEEDINGS. 2. AT THE OUTSET, THE LD. A.R. OF THE ASSESSEE HAS BROUGHT OUR ATTENTION TO THE ORDER OF THE TRIBUNAL DATED 18.07.12 IN ITA NO. 6164/M/2010 VIDE WHICH THE TRIBUNAL IN RELATION TO THE QUANTUM PROCEEDINGS HAS RESTORED THE MATTER TO THE FILE OF THE LD. CIT(A). THE LD. A.R., THEREFOR E, HAS SUBMITTED THAT BEFORE ITA NO.5601/M/2014 MR. DILIP S. DAHANUKAR 2 DECIDING THE APPEAL OF THE ASSESSEE IN RELATION TO LEVY OF INTEREST UNDER SECTION 234B, IT WAS INCUMBENT UPON THE LD. CIT(A) TO FIRST DECIDE THE VALIDITY OF THE QUANTUM ADDITIONS. THE LD. A.R. HAS FURTHER SUBMIT TED THAT THE MATTER IN THE QUANTUM APPEAL IS PENDING BEFORE THE LD. CIT(A) FOR THE LAST ABOUT FOUR YEARS. HE, THEREFORE, HAS REQUESTED THAT THE MATTER RELATI NG TO THE LEVY OF INTEREST IS TO BE DECIDED ALONG WITH THE APPEAL OF THE ASSESSEE CH ALLENGING THE QUANTUM ADDITIONS. 3. WE FIND FORCE IN THE ABOVE CONTENTIONS OF THE LD . A.R. THE QUESTION OF LEVY OF INTEREST WILL ARISE ONLY IF THE ADDITIONS W ILL BE SUSTAINED. THE LD. CIT(A) OUGHT TO HAVE DECIDED THE QUANTUM APPEAL FIR ST, THEN TO DECIDE THE QUESTION OF LEVY OF INTEREST. THE IMPUGNED ORDER O F THE LD. CIT(A) IS THEREFORE SET ASIDE AND THIS APPEAL IS ACCORDINGLY RESTORED TO THE FILE OF THE LD. CIT(A) WITH A DIRECTION TO DECIDE THE PRESENT APPEA L ALONG WITH THE QUANTUM APPEAL RESTORED BY THE TRIBUNAL TO THE FILE OF THE LD. CIT(A) VIDE ORDER DATED 18.07.12. NEEDLESS TO SAY THAT THE LD. CIT(A) WILL GIVE PROPER OPPORTUNITY OF HEARING TO THE ASSESSEE TO PRESENT HIS CASE. THE L D. CIT(A) IS DIRECTED TO DISPOSE OF BOTH THE APPEALS AT THE EARLIEST POSSIBL E AND PREFERABLY WITHIN THREE MONTHS FROM THE DATE OF RECEIPT OF COPY OF THIS ORD ER. 4. IN THE RESULT, THIS APPEAL OF THE ASSESSEE IS TR EATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 23.12.2016. SD/- SD/- (ASHWANI TANEJA) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 23.12.2016. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI ITA NO.5601/M/2014 MR. DILIP S. DAHANUKAR 3 THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORD ER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.