KULODAY TECHNOPACK P.LTD, MUMBAI V. INCOME TAX OFFICER-10(1)(4), MUMBAI

ITA 5666/MUM/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 0213 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-12-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: H
• Assessment Year: 2010-2011
• Appeal Filed On: 06-09-2017
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Section: 271(1)(c); 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BEFORE HONBLE SHRI HONBLE SHRI MANOJ ( KUL Y ODAY TECHNOPACK PVT. 25, SONA INDUSTRIAL ESTATE PARSI PANCHAYAT ROAD ANDHERI (EAST), MUMBAI - ( APPELLANT ASSESSEE BY REVENUE BY DATE OF HEARING DATE OF PRONOUNCEMENT PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY ASSESSEE FOR AGITATE THE CONFIRMATION OF PENALTY U/S 271(1)(C) FOR RS.10.93 LACS BY LD. C OMMISSIONER OF INCOME NO.CIT(A)-17/IT-176/15 - 1 KULODAY TECHNOPACK P 1 IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH, MUMBAI !' #!$% , $% &' BEFORE HONBLE SHRI PAWAN SINGH , JM SHRI MANOJ KUMAR AGGARWAL, AM I.T.A. NO.5666/MUM/2017 ASSESSMENT YEAR: 2010-11) PVT. LTD. 25, SONA INDUSTRIAL ESTATE - 400 069. VS. INCOME TAX OFFICER ROOM NO.25B AAYKAR BHAVAN, MUMBAI- 400 020 PAN/GIR NO. AAACK-3957-H APPELLANT ) : ( () RESPONDENT ASSESSEE BY : M. SUBRAMANIAM- LD. AR REVENUE BY : MANOJ KUMAR SINGH - * DATE OF HEARING : 14/11/2018 * / DATE OF PRONOUNCEMENT : 05/12/2018 O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) AFORESAID APPEAL BY ASSESSEE FOR ASSESSMENT YEAR [AY] 20 CONFIRMATION OF PENALTY U/S 271(1)(C) FOR RS.10.93 LACS BY LD. OMMISSIONER OF INCOME -TAX (APPEALS)-17 , MUMBAI, [ - 16 DATED 08/06/2017 . THE IMPUGNED PENALTY ITA NO. 5666/MUM/2017 KULODAY TECHNOPACK P RIVATE LIMITED ASSESSMENT YEAR: 2010-11 IN THE INCOME TAX APPELLATE TRIBUNAL $% &' , JM AND KUMAR AGGARWAL, AM INCOME TAX OFFICER - 10(1)(4) AAYKAR BHAVAN, CHURCHGATE 400 020 RESPONDENT ) LD. AR - LD.DR ASSESSMENT YEAR [AY] 20 10-11 CONFIRMATION OF PENALTY U/S 271(1)(C) FOR RS.10.93 LACS BY LD. , MUMBAI, [ CIT(A)], APPEAL . THE IMPUGNED PENALTY WAS LEVIED BY LD. AO VIDE ORDER DATED 31/03/2015 AG AINST ADDITION OF RS.35.38 LACS ON ACCOUNT OF INTEREST DI SALLOWANCE AS MADE IN SCRUTINY ASSESSMENT U/S 143(3) ON 20/03/2013. 2. THE LD. AUHTORIZED REPRESENTATIVE [AR] FOR ASSESSEE , M.SUBRAMANIAM, AT THE OUTSET, DREW OUR ATTENTION TO THE FACT THAT TH QUANTUM ADDITIONS WERE AGITATED BY THE ASSESSEE BEF ORE THIS TRIBUNAL VIDE ITA NO. 3300/MUM/2013 & 2423/MUM/2014 WHEREIN QUANTUM ADDITION LD. AO FOR DETERMINATION ON MERITS. THE COPY PLACED ON RECORD . THE LD. DR FAIRLY CONCEDED THE SAME. 3. IN VIEW OF ADMITTED POSITION, SINCE AS ON DATE THER E ADDITION AGAINST WHICH THE ASSESSEE WAS SADDLED WIT H IMPUGNED PENALTY, THE SAME DO NOT SURVIVE AND THEREFORE, NEEDLESS TO ADD THAT THE REVENUE IS FREE TO REINITI ATE THE SAME ON THE BASIS OF OUTCOME OF QUANTUM ADDITION IN SET ASIDE P ROCEEDINGS. 4. THE APPEAL STANDS ALLOWED IN TERMS OF OUR ABOVE ORD ER. ORDER PRONOUNCED IN THE OPEN COURT SD/- (PAWAN SINGH ) #! $% / JUDICIAL MEMBER + MUMBAI; !$ DATED : 05/12/2018 SR.PS:- JAISY VARGHESE 2 KULODAY TECHNOPACK P 2 WAS LEVIED BY LD. AO VIDE ORDER DATED 31/03/2015 AG AINST ADDITION OF RS.35.38 LACS ON ACCOUNT OF INTEREST DI SALLOWANCE AS MADE IN SCRUTINY ASSESSMENT U/S 143(3) ON 20/03/2013. THE LD. AUHTORIZED REPRESENTATIVE [AR] FOR ASSESSEE , AT THE OUTSET, DREW OUR ATTENTION TO THE FACT THAT TH QUANTUM ADDITIONS WERE AGITATED BY THE ASSESSEE BEF ORE THIS TRIBUNAL ITA NO. 3300/MUM/2013 & 2423/MUM/2014 ORDER DATED 29/09/2017 QUANTUM ADDITION , VIDE PARA-20, HAS BEEN RESTORED TO THE FILE OF FOR DETERMINATION ON MERITS. THE COPY OF THE ORDER HAS BEEN . THE LD. DR FAIRLY CONCEDED THE SAME. IN VIEW OF ADMITTED POSITION, SINCE AS ON DATE THER E ADDITION AGAINST WHICH THE ASSESSEE WAS SADDLED WIT H IMPUGNED PENALTY, THE SAME DO NOT SURVIVE AND THEREFORE, NEEDLESS TO ADD THAT THE REVENUE IS FREE TO REINITI ATE THE SAME ON THE BASIS OF OUTCOME OF QUANTUM ADDITION IN SET ASIDE P ROCEEDINGS. THE APPEAL STANDS ALLOWED IN TERMS OF OUR ABOVE ORD ER. ORDER PRONOUNCED IN THE OPEN COURT ON 05 TH DECEMBER, 2018. SD/- ) (MANOJ KUMAR JUDICIAL MEMBER $% / ACCOUNTANT MEMBER 05/12/2018 ITA NO. 5666/MUM/2017 KULODAY TECHNOPACK P RIVATE LIMITED ASSESSMENT YEAR: 2010-11 WAS LEVIED BY LD. AO VIDE ORDER DATED 31/03/2015 AG AINST QUANTUM ADDITION OF RS.35.38 LACS ON ACCOUNT OF INTEREST DI SALLOWANCE AS MADE IN THE LD. AUHTORIZED REPRESENTATIVE [AR] FOR ASSESSEE , SHRI AT THE OUTSET, DREW OUR ATTENTION TO THE FACT THAT TH E QUANTUM ADDITIONS WERE AGITATED BY THE ASSESSEE BEF ORE THIS TRIBUNAL ORDER DATED 29/09/2017 HAS BEEN RESTORED TO THE FILE OF OF THE ORDER HAS BEEN IN VIEW OF ADMITTED POSITION, SINCE AS ON DATE THER E IS NO QUANTUM ADDITION AGAINST WHICH THE ASSESSEE WAS SADDLED WIT H IMPUGNED STANDS DELETED. NEEDLESS TO ADD THAT THE REVENUE IS FREE TO REINITI ATE THE SAME ON THE BASIS OF OUTCOME OF QUANTUM ADDITION IN SET ASIDE P ROCEEDINGS. THE APPEAL STANDS ALLOWED IN TERMS OF OUR ABOVE ORD ER. DECEMBER, 2018. (MANOJ KUMAR AGGARWAL) ACCOUNTANT MEMBER ! COPY OF THE ORDER 1. / THE APPELLANT 2. () / THE RESPONDENT 3. , / THE CIT(A) 4. , / CIT CONCERNED 5. !-.(!*!!/ !/ 6. .012 GUARD FILE 3 KULODAY TECHNOPACK P 3 COPY OF THE ORDER FORWARDED TO : / THE CIT(A) CONCERNED !/ + / DR, ITAT, MUMBAI ' # '$% ITA NO. 5666/MUM/2017 KULODAY TECHNOPACK P RIVATE LIMITED ASSESSMENT YEAR: 2010-11 ' / BY ORDER, '$% (DY./ASSTT.REGISTRAR) + / ITAT, MUMBAI.