THE JAIN SAHAKARI BANK LTD, MUMBAI V. DIT (CIB), MUMBAI

ITA 5741/MUM/2011

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 71854 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 3 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: J
• Next Hearing Date: 05-11-2013
• Assessment Year: 2009-2010
• Appeal Filed On: 11-08-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B
• Assessee Lawyers: S CHANDAK

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL J JJ J BENCH, BENCH, BENCH, BENCH, MUMBAI MUMBAI MUMBAI MUMBAI , . , . , ! ! ! ! '# '# '# '# BEFORE BEFORE BEFORE BEFORE SHRI SHRI SHRI SHRI VIJAY PAL RAO, JM VIJAY PAL RAO, JM VIJAY PAL RAO, JM VIJAY PAL RAO, JM & & & & SHRI SHRI SHRI SHRI D. KARUNAKARA RAO D. KARUNAKARA RAO D. KARUNAKARA RAO D. KARUNAKARA RAO, AM , AM , AM , AM ./ I.T.A. NO. I.T.A. NO. I.T.A. NO. I.T.A. NO.5741/MUM/2011 5741/MUM/2011 5741/MUM/2011 5741/MUM/2011 ( $% $% $% $% & & & & / ASSESSMENT YEAR :2009-10) THE JAIN SAHAKARI BANK LTD. FLAT NO. 5, GROUND FLOOR, HIRA BAUG, C. P. TANK, MUMBAI-400004 % % % % / VS. DIRECTOR OF INCOME TAX-1(3) AAYKAR BHAVAN, M. K. ROAD, MUMBAI-400020 #' ! ./ ( ./ PAN/GIR NO. :AABAT4667Q ( ') / APPELLANT APPELLANT APPELLANT APPELLANT) .. ( *+') / RESPONDENT RESPONDENT RESPONDENT RESPONDENT) $% $%$% $% ,- ,- ,- ,- . / . / . / . / /ASSESSEE BY : SHRI S. CHANDAK # # # # . / . / . / . / / REVENUE BY : SHRI B. PANDA % % % % . .. . -! -! -! -! / DATE OF HEARING : 28 TH NOVEMBER 2013 01& 01& 01& 01& . .. .-! -! -! -! /DATE OF PRONOUNCEMENT: 28 TH NOVEMBER 2013 '2 / O R D E R PER : , . . / VIJAY PAL RAO, JM THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER DATED 25.5.2011 PASSED BY THE DIT U/S 271FA OF INCOME TAX ACT FOR THE ASSESSMENT YEAR 2009-10. 2. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS IN THIS APPEAL: 1. ON THE FACTS AND CIRCUMSTANCES OF THE AND IN LA W THE LD. DIRECTOR OF INCOME TAX(CIB) ERRED IN IMPOSING PENAL TY OF ` 19,800/- U/S 271FA WITHOUT AFFORDING REASONABLE OPP ORTUNITY OF BEING HEARD. 2. THE APPELLANT CRAVES LEAVES TO ADD, TO AMEND, AL TER, MODIFY AND/OR WITHDRAW ANY OR ALL OF THE ABOVE GROUNDS OF APPEAL, EACH OF WHICH ARE WITHOUT PREJUDICE TO ONE ANOTHER. ITA NO.5741/M/2011 THE JAIN SAHAKARI BANK LTD. 2 3. AT THE TIME OF HEARING THE LD. A.R OF THE ASSESS EE HAS FAIRLY CONCEDED THAT THE IMPUGNED ORDER PASSED U/S 271FA O F THE INCOME TAX ACT IS NOT AN APPEALABLE ORDER AND THEREFORE, THE A SSESSEE MAY BE ALLOWED TO WITHDRAW THIS APPEAL WITH LIBERTY TO AVA IL APPROPRIATE REMEDY AS PER LAW. THE LD. D.R HAS NOT RAISED ANY OBJECTIO N IF THE APPEAL OF THE ASSESSEE IS DISMISSED AS PRAYED. 4. HAVING CONSIDERED THE SUBMISSIONS OF THE PARTY W E FIND THAT THE IMPUGNED ORDER U/S 271FA IS NOT AN APPEALABLE ORDER AND ACCORDINGLY WE DISMISS THE PRESENT APPEAL OF THE ASSESSEE. THE ASS ESSEE IS AT LIBERTY TO AVAIL THE APPROPRIATE REMEDY AS PER LAW. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING I.E. 28 TH DAY OF NOVEMBER 2013 SD/- SD/- ( . ) ! '# (D. KARUNAKARA RAO) ACCOUNTANT MEMBER ( ) $ '# (VIJAY PAL RAO) JUDICIAL MEMBER PLACE: MUMBAI : DATED: 28 TH NOVEMBER 2013 SUBODH COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI