MONALISA KNITWEAR EXPORTS, MUMBAI V. ITO 18(1)(3), MUMBAI

ITA 5628/MUM/2011

• Counselvise Citation: 562819914 RSA 2011
• Duration Of Justice: 2 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-10-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 17-10-2011
• Assessment Year: 2004-2005
• Appeal Filed On: 04-08-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: G P TRIVEDI
• Keywords: Set aside
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH B MUMBAI BEFORE SHRI B.R. MITTAL (JUDICIAL MEMBER) AND SHRI R.K. PANDA (ACCOUNTANT MEMBER) ITA NO. 5628/MUM/2011 ASSESSMENT YEAR-2004-05 M/S. MONALISA KNITWEAR EXPORTS, 7, CAMA INDUSTRIAL ESTATE, SUN MILL COMPOUND, LOWER PAREL, MUMBAI-A400 013 PAN-AAAFM 9971A VS. THE ITO 18(1)(3), MUMBAI (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI VIMAL PUNMIYA RESPONDENT BY: SHRI G.P. TRIVEDI DATE OF HEARING : 17.10.2011 DATE OF PRONOUNCEMENT:17.10.2011 O R D E R PER B.R. MITTAL, JM : THE ASSESSEE HAS FILED THIS APPEAL FOR ASSESSMENT YEAR 2004-05 AGAINST EX-PARTE ORDER OF LD. CIT(A) DT. 11.5.2011 CONFIRMI NG LEVY OF PENALTY OF RS. 3,66,550/- IMPOSED U/S. 271(1)(C) OF THE ACT ON THE GROUND THAT AO MADE VARIOUS ADDITIONS IN RESPECT OF UNPROVED EXPENDITUR ES CLAIMED BY ASSESSEE BY DEBITING TO PROFIT & LOSS ACCOUNT. 2. AT THE TIME OF HEARING, LD. AR SUBMITTED THAT LD . CIT(A) HAS CONFIRMED THE LEVY OF PENALTY WITHOUT GIVING OPPORTUNITY TO T HE ASSESSEE. HE SUBMITTED THAT ASSESSEE FILED APPLICATION FOR ADJOURNMENT, BU T LD. CIT(A) REJECTED THE ADJOURNMENT APPLICATION AND CONFIRM THE PENALTY LE VIED BY AO BY PASSING EX PARTE ORDER. HE SUBMITTED THAT ASSESSEE COULD NOT G ET ADEQUATE OPPORTUNITY AND PRAYED TO RESTORE THE MATTER TO LD. CIT(A) FOR HIS ADJUDICATION ON MERIT. ITA NO. 5628/M/11 2 THE LD. DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT HE HAS NO OBJECTION TO RESTORE THE MATTER TO LD. CIT(A). 3. CONSIDERING ABOVE SUBMISSIONS OF LD. REPRESENTAT IVES OF THE PARTIES AND ORDER OF LD. CIT(A) THAT HE HAS CONFIRMED PENAL TY LEVIED U/S. 271(1)(C) OF THE ACT WITHOUT ADJUDICATING THE ISSUE ON MERIT, WE CONSIDER IT PRUDENT TO SET ASIDE THE ORDER OF LD. CIT(A) AND RESTORE THE ISSUE TO HIM FOR HIS FRESH CONSIDERATION. THEREFORE, WE SET ASIDE THE ORDER O R LD. CIT(A) AND DIRECT TO DECIDE THE APPEAL ON MERIT AFTER GIVING DUE OPPORT UNITY OF HEARING TO THE PARTIES AND CONSIDERING SUCH EVIDENCES AS MAY BE PL ACED BEFORE HIM. THEREFORE, GROUND TAKEN BY ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES. 4. SINCE WE HAVE RESTORED THE MATTER TO LD. CIT(A), WE DO NOT PROPOSE TO ADJUDICATE GROUND NO. 2 OF APPEAL DISPUTING CONFIRM ATION OF PENALTY IMPOSED U/S. 271(1)(C) OF THE ACT. 5. IN THE RESULT, APPEAL FILED BY ASSESSEE IS ALLOWE D FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON 17 TH OCTOBER, 2011 ( R.K. PANDA) (B.R. MITTAL ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 17 TH OCTOBER, 2011 RJ COPY TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT-CONCERNED 4. THE CIT(A)-CONCERNED 5. THE DR B BENCH TRUE COPY BY ORDER ASSTT. REGISTRAR, I.T.A.T, MUMBAI ITA NO. 5628/M/11 3 DATE INITIALS 1. DRAFT DICTATED ON: 17.10.2011 SR. PS/PS 2. DRAFT PLACED BEFORE AUTHOR: 17.10.2011 SR. PS/PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER: JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER: JM/AM 5. APPROVED DRAFT COMES TO THE SR. PS/PS: SR. PS/PS 6. ORDER PRONOUNCED ON: SR. PS/PS 7. FILE SENT TO THE BENCH CLERK: 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK: SR. PS/PS 9. DATE ON WHICH FILE GOES TO AR 10. DATE OF DISPATCH OF ORDER: