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

ITA 603/MUM/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 3152 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 7 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-08-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 24-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAMESH JAIN
• Assessee Lawyers: A RAMACHANDRAN
• Section: 69C

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH A, MUMBAI BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER AND SHRI SANJAY GARG, JUDICIAL MEMBER ITA NO.603/M/2014 ASSESSMENT YEAR: 2008-09 ACIT, CENT. CIR. 6(4), R.NO.32(1), GROUND FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400020 VS. M/S. ASHIRWAD LAND P. LTD. DN 215, SECOND FLOOR, PLOT NO.6, SECTOR 11, DRONAGIRI 400 702 PAN: AAGCA 5042F (APPELLANT) (RESPONDENT) ITA NO.607/M/2014 ASSESSMENT YEAR: 2008-09 ACIT, CC 39, R.NO.32(1), GROUND FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400020 VS. M/S. AVKASH REALTY PVT. LTD., 102, SAGAR PARK, CTS NO.1023/24, RAMNATH ROAD, ALIBUG 400 211 PAN: AAGCA1881J (APPELLANT) (RESPONDENT) ITA NO.608/M/2014 ASSESSMENT YEAR: 2008-09 ACIT, CENT. CIR. 6(4), R.NO.32(1), GROUND FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400020 VS. M/S. KRISHNA LAND REALTY P. LTD. DN 215, SECOND FLOOR, PLOT NO.6, SECTOR 11, DRONAGIRI 400 702 PAN: AADCK 0178R (APPELLANT) (RESPONDENT) ITA NO.609/M/2014 ASSESSMENT YEAR: 2008-09 ACIT, CENT. CIR. 6(4), R.NO.32(1), GROUND FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400020 VS. M/S. ARPIT LAND P. LTD. DN 215, SECOND FLOOR, PLOT NO.6, SECTOR 11, DRONAGIRI 400 702 PAN: AAGCA5154J (APPELLANT) (RESPONDENT) PRESENT FOR: ASSESSEE BY : SHRI A. RAMACHANDRAN, A.R. REVENUE BY : SHRI RAMESH JAIN, D.R. DATE OF HEARING : 23.08.2016 DATE OF PRONOUNCEMENT : 24.08.2016 ITA NO.603/M/2014 & ORS. M/S. ASHIRWAD LAND P. LTD. & ORS. 2 O R D E R PER SANJAY GARG, JUDICIAL MEMBER: THE PRESENT BUNCH OF APPEALS RELATING TO DIFFERENT ASSESSEES HAVE BEEN PREFERRED BY THE REVENUE AGITATING THE ACTION OF TH E COMMISSIONER OF INCOME TAX (APPEALS) [HEREINAFTER REFERRED TO AS THE CIT(A )] IN DELETING THE PENALTY LEVIED BY THE ASSESSING OFFICER (HEREINAFTER REFERR ED TO AS THE AO) UNDER SECTION 271(1)(C) OF THE ACT. 2. AT THE OUTSET, THE LD. A.R. OF THE ASSESSEE HAS BROUGHT OUR ATTENTION TO THE COMMON ORDER OF THE TRIBUNAL DATED 22.03.13 PAS SED IN QUANTUM APPEALS IN RELATION TO 67 APPEALS PERTAINING TO 52 DIFFERENT A SSESSEES INCLUDING THE ASSESSEES BEFORE US IN RELATION TO THE ABOVE CAPTIO NED APPEALS. THE LD. A.R. HAS FURTHER SUBMITTED THAT THE PENALTY IN THE APPEA LS BEFORE US WAS LEVIED IN RELATION TO THE ADDITIONS MADE BY THE AO UNDER SECT ION 69C OF THE ACT. THAT THE MATTER RELATING TO THE ABOVE ADDITIONS TRAVELLE D TO THE TRIBUNAL AND THE TRIBUNAL VIDE COMMON ORDER DATED 22.03.13 (SUPRA) P ASSED IN ITA NO.8237/M/2011 & OTHERS HAS DELETED THE ADDITIONS I N ALL THE 67 APPEALS BEFORE IT, INCLUDING THAT OF THE ASSESSEES IN THE PRESENT APPEAL. SINCE THE QUANTUM ADDITIONS HAVE ALREADY BEEN DELETED BY THE TRIBUNAL , HENCE THE CONSEQUENTIAL PENALTY LEVIED BY THE AO IN RELATING TO THE ABOVE A DDITIONS UNDER SECTION 271(1)(C) OF THE ACT HAS NO LEGS TO STAND AND THE S AME IS ACCORDINGLY DELETED. 3. IN THE RESULT, ALL THE APPEALS OF THE REVENUE AR E HEREBY DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 24.08.2016. SD/- SD/- (B.R. BASKARAN) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 24.08.2016. * KISHORE, SR. P.S. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI ITA NO.603/M/2014 & ORS. M/S. ASHIRWAD LAND P. LTD. & ORS. 3 THE CIT (A) CONCERNED, MUMBAI THE DR CONCERNED BENCH //TRUE COPY// [ BY ORD ER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.