MR. SAHDEV DEVAJI BETKAR, MUMBAI V. I.T.O.WARD-24(1)(2), MUMBAI

ITA 6203/MUM/2008

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 7847 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-02-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 25-11-2009
• Assessment Year: 2001-2002
• Appeal Filed On: 17-10-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SATISH SHARMA
• Assessee Lawyers: REEPAL TRALSHAWALA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH E : MUMBAI BEFORE SHRI D.K. AGARWAL, (JM) AND SHRI RAJENDRA SINGH ,(AM) ITA NO.6203/MUM/2008 ASSESSMENT YEAR : 2001-02 MR. SAHDEV DEVAJI BETKAR B-403, SAIDHAM APARTMENTS SAMARTH NAGAR, MAJASWADI JOGESHWARI(E) MUMBAI-400 060. ..( APPELLANT ) P.A. NO. (AAEPB 3909 P) VS. INCOME TAX OFFICER WARD 24(1)(2) MUMBAI. ..( RESPONDENT ) APPELLANT BY : SHRI REEPAL TRALSHAWALA RESPONDENT BY : SHR I SATISH SHARMA O R D E R PER D.K. AGARWAL (JM). THIS APPEAL PREFERRED BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER DATED 20.6.08 PASSED BY THE LD. CIT(A) FOR THE ASSESSMENT YEAR 2001-02 SUSTAINING THE PENALTY OF RS.1,02,860/- IMPOSED BY THE ASSESSING OFFICER U/S.271(1)(C) OF THE IT ACT, 1961(THE ACT) . 2. AT THE TIME OF HEARING THE LD. COUNSEL FOR THE ASSE SSEE SUBMITS THAT THE TRIBUNAL IN THE ASSESSEES OWN CASE IN SAHDEV DE VJI BETKAR VS. ITO IN ITA NOS.4850/M/2007 FOR ASSESSMENT YEAR 2000- 01 AND ITA NO.566/M/2006 FOR ASSESSMENT YEAR 2001-02 VIDE CONSOL IDATED ORDER DATED 21.8.2009 HAS RESTORED THE DISALLOWANCE OF EXPENSES TO ITA NO.6203/M/08 A.Y: 01-02 2 THE FILE OF THE ASSESSING OFFICER, THEREFORE, THE PENALT Y IMPOSED BY THE ASSESSING OFFICER BE DELETED. HE ALSO PLACED ON RECORD THE COPY OF THE SAID ORDER OF THE TRIBUNAL . 3. ON THE OTHER HAND THE LD. DR SUPPORTS THE ORDER OF THE ASSESSING OFFICER AND THE LD. CIT(A). 4. HAVING CAREFULLY HEARD THE SUBMISSIONS OF THE RIVAL P ARTIES AND PERUSING THE MATERIAL AVAILABLE ON RECORD, WE FIND T HAT THERE IS NO DISPUTE THAT THE AO HAS IMPOSED IMPUGNED PENALTY ON TH E DISALLOWANCE OF EXPENSES OF RS.4,19,700/-, WHICH THE TRIB UNAL, IN THE QUANTUM APPEAL(SUPRA), HAS SET ASIDE THE ISSUE TO THE F ILE OF THE ASSESSING OFFICER. THIS BEING SO, AND IN THE ABSENCE OF ANY OTHER CONTRARY MATERIAL PLACED ON RECORD BY THE REVENUE WE A RE OF THE VIEW THAT THE IMPUGNED PENALTY HAS NO LEGS TO STAND AND ACCO RDINGLY THE PENALTY IMPOSED BY THE ASSESSING OFFICER AND SUSTAINED BY T HE LD. CIT(A) IS DELETED. THE GROUNDS TAKEN BY THE ASSESSEE ARE THEREFORE, ALLOWED. 5. IN THE RESULT ASSESSEES APPEAL STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 01.02.2010. SD/- SD/- (RAJENDRA SINGH) ( D.K. AGARWAL ) ACCOUNTANT MEMBER J UDICIAL MEMBER MUMBAI, DATED:01.02.2010. JV. ITA NO.6203/M/08 A.Y: 01-02 3 COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR E BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI. ITA NO.6203/M/08 A.Y: 01-02 4 DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON 19.1.10 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 20.1.10 SR.PS/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON 01.02.10 SR.PS/PS 7. FILE SENT TO THE BENCH CLERK 03.02.10 SR.PS/PS 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER