JVD FUEL SYSTEMS P.LTD, MUMBAI V. ITO 9(2)(1), MUMBAI

ITA 5951/MUM/2017

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 4052 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-02-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: J
• Assessment Year: 2008-2009
• Appeal Filed On: 20-09-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CHAITANYA ANJARIYA
• Assessee Lawyers: SAMEER G DALAL

Judgement Text

IN THE INC OME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI BEFORE HONBLE SH. SANDEEP GOSAIN, JM & HONBLE SH. RAJESH KUMAR, AM ./ I.T.A. NO . 5951/MUM/2017 ( / ASSESSMENT YEAR: 2008 - 09 ) JVD FUEL SYSTEMS PVT. LTD. 19/B TOWER B VICEROY PARK THAKUR VILLAGE, KANDIVALI (EAST), MUMBAI, PIN - / VS. ITO - 9(2 )(1 ) , AAYAKAR BHAVAN, M. K. ROAD, MUMBAI - 400 020 ./ ./ PAN NO. A A BCJ5289L ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SHRI SAMEER G. DALAL, AR / RESPONDENTBY : SHRI CHAITANYA ANJARIYA , D R / DATE OF HEARING : 17 .12 .2018 / DATE OF PRONOUNCEMENT : 06.02.2019 / O R D E R PER SANDEEP GOSAIN, J UDICIAL MEMBER : THE P RESENT APPE AL FILED BY THE ASSESSEE IS AGAINST THE ORDER OF LD. CIT (APPEAL) 20 , MUMBAI DATED 20.06.17 F OR AY 2008 - 09. 2 I.T.A. NO. 5951 /MUM/201 7 JVD FUEL SYSTEMS PVT. LTD. 2. AT THE VERY OUTSET LD. AR DRAWN OUR ATTENTION TO THE ORDER OF HONBLE ITAT IN QUANTUM APPEAL BEARING ITA NO. 7078/MUM/2013 FOR AY 2008 - 09 DATED 04.06.2014 IN ASSESSEES OWN CASE. 3. ON PERUSAL OF THE SAID ORDER OF HONBLE ITAT, WE FIND THAT THE QUANTUM HAS ALREADY BEEN DELETED BY ALLOWING THE GROUND OF APPEAL IN FAVOUR OF THE ASSESSEE. THE PENALTY HAS BORNE OUT OF ASSESSMENT ORDER AND SINCE THE QUANTUM HAS ALREADY BEEN DELETED, THEREFORE THE PENALTY ARISING OUT OF THE SAID ORDER IS NOT SUSTAINABLE IN THE EYES OF LAW. IN VIEW OF THE ABOVE FACTS, CIRCUMSTANCES AND DISCUSSION, WE DROP THE PENALTY WHILE SETTING ASIDE THE ORDER OF LD. CIT(A). IT IS OR DERED ACCORDINGLY. 4. IN THE NET RESULT, THE APPEAL FILED BY THE ASSESSEE STANDS ALLOWED WITH NO ORDER AS TO COST. ORDER PRONOUNCED IN THE OPEN COURT ON 6 TH FEB , 2019. SD/ - SD/ - ( RAJESH KUMAR ) (SANDEEP GOSAIN) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI ; DATED : 06 . 02 .201 9 SR.PS . DHANANJAY 3 I.T.A. NO. 5951 /MUM/201 7 JVD FUEL SYSTEMS PVT. LTD. / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A) 4. / CIT - CONCERNED 5. , , / DR, ITAT, MUMBAI 6. / GUARD F I LE / BY ORDER, . / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI