ACIT CC 39, MUMBAI V. VAYU LAND P.LTD, NAVI MUMBAI

ITA 600/MUM/2014

• Counselvise Citation: [2015] 134 COUNSELVISE.COM (IT) 2175 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-12-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2008-2009
• Appeal Filed On: 24-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIVEK BATRA
• Assessee Lawyers: RAMESH JAIN
• Section: 69C

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI BEFORE SHRI N.K . BILLAIYA, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER / I .T A NO. 600/MUM/2014 ( / ASSESSMENT YEAR : 2008 - 09 THE ACIT, CC - 39 MUMBAI / VS. M/S. VAYU LAND PVT. LTD., DN 215, 2 ND FLOOR, PLOT NO. 6, SECTOR - 11, DRONAGIRI - 400 702 ./ ./ PAN/GIR NO. : AACCV 5397G ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY: SHRI VIVEK BATRA / RESPONDENT BY: SHRI RAMESH JAIN / DATE OF HEARING : 09 .1 2 . 2015 / DATE OF PRONOUNCEMENT : 09 .1 2 .2015 / O R D E R PER N.K. BILLAIYA, AM: THIS APPEAL BY THE REVENUE IS PREFERRED AGAINST THE ORDER OF THE LD. CIT(A) - 4 1, MUMBAI D ATED 2 9 . 10 .201 3 PERTAINING TO ASSESSMENT YEAR 2008 - 09 . 2. THE SOLE GRIEVANCE OF THE REVENUE IS THAT THE LD. CIT(A) ERRED IN DELETING THE PENALTY LEVIED U/S. 271(1)(C) OF THE ACT. ITA. NO. 600/M/2014 2 3. AT THE VERY OUTSET, THE LD. COUNSEL FOR THE ASSESSEE STATED THAT THE ORDER OF THE LD. CIT(A) IS BASED ON THE DELETION OF THE QUANT UM ADDITION BY THE TRIBUNAL IN ITA NOS. 8160 & 8161/M/2011. 4. THE LD. DEPARTMENTAL REPRESENTATIVE FAIRLY CONCEDED TO THIS. 5. WE HAVE GONE THROUGH THE ORDERS OF THE FIRST APPELLATE AUTHORITY. WE FIND THAT THE LD. CIT(A) HAS DELETED THE PENALTY BY FOLL OWING THE ORDER OF THE TRIBUNAL IN ASSESSEES OWN CASE (SUPRA) BY WHICH THE TRIBUNAL HAS DELETED THE ADDITIONS MADE U/S. 69C OF THE ACT. SINCE THE VERY FOUNDATION FOR IMPOSITION OF PENALTY IS REMOVED BY THE TRIBUNAL, WE DO NOT FIND ANY REASON TO INTERFERE WITH THE FINDINGS OF THE LD. CIT(A). 6. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ON 9 TH DECEMBER , 2015 . SD/ - SD/ - ( PAWAN SINGH ) (N.K. BILLAIYA) /JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED : 9 TH DECEMBER , 2015 . . ./ RJ , SR. PS ITA. NO. 600/M/2014 3 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . / BY ORDER, //TRUE COPY// / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI