ACIT CIR 13(2), MUMBAI V. MARYAN FORWARIDNG CORPORATION, MUMBAI

ITA 621/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 1755 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-06-2010
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2001-2002
• Appeal Filed On: 30-01-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHRINIVASAN
• Assessee Lawyers: A R BAIWARE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B, MUMBAI BEFORE SHRI R.V. EASWAR, HONBLE PRESIDENT AND SHRI J.S. REDDY, ACCOUNTANT MEMBER ITA NO.621/MUM/2009 ASSESSMENT YEAR : 2001-2002 THE DY./ASST.COMMISSIONER OF INCOME TAX, CIRCLE 13(2), R.NO.477, 4 TH FLR., AAYAKAR BHAVAN, M.K. RD., MUMBAI 400 020. VS. M/S. MARYAN FORWARDING CORPORATION 130, VYPAR BHAVAN, 1 ST FLR., P.D.MELLO RD., CARNAC BUNDER, MUMBAI 400 009. PAN : AAAFM1352M (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI A.R. BAIWARE (DR) DEPARTMENT BY : SHRI SHRINIVASAN (AR) O R D E R PER J. SUDHAKAR REDDY, A.M. THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED AGA INST THE ORDER OF THE LEARNED CIT (A)-XIII, MUMBAI DATED 18.11.2008 FOR T HE ASSESSMENT YEAR 2001-2002 ON THE FOLLOWING GROUNDS: 1. (I) ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW, THE LEARNED CIT(A) HAS ERRED IN DIRECTING THE ASSESSING OFFICER TO DELETE THE PENALTY LEVIED U/S.271( 1)(C) OF THE ACT AMOUNTING TO RS.8,64,412/-. (II) ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE AND IN LAW, THE LEARNED CIT(A) HAS ERRED IN IGNORING THE F ACTS THAT REVENUE HAS FILLED APPEAL U/S.260A OF THE I.T. ACT AGAI NST THE ORDER OF THE HONBLE ITAT. 2. THE APPELLANT PRAYS THAT THE ORDER OF CIT(A) ON THE ABOVE GROUNDS BE SET ASIDE AND THAT OF THE ASSESSING OFFI CER BE RESTORED. 3. THE APPELLANT CRAVES LEAVE TO AMEND OR ALTER ANY GROUND OR ADD ANY NEW GROUND, IF NECESSARY. ITA NO.621/MUM/2009 A.Y.: 2001-2002 2 2. AFTER HEARING RIVAL CONTENTIONS, WE AGREE WITH T HE ORDER OF THE FIRST APPELLATE AUTHORITY, THAT PENALTY IN QUESTION CANNO T BE UPHELD, AS THE QUANTUM ADDITION/DISALLOWANCE HAS BEEN DELETED BY I TAT, MUMBAI B BENCH IN ITA NO.9135/MUM/2004, ORDER DATED 02.08.20 08. WHEN THE DISALLOWANCE ITSELF DOES NOT SURVIVE THE PENALTY U/ S.271(1)(C) HAS NO LEGS TO STAND ON. IN VIEW OF THE ABOVE WE UPHOLD THE ORDE R OF THE FIRST APPELLATE AUTHORITY AND DISMISSED THE APPEAL OF THE REVENUE. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. ORDER PRONOUNCED ON THIS 11 TH DAY OF JUNE, 2010. SD/- (R.V. EASWAR) (PRESIDENT) SD/- (J.SUDHAKAR REDDY) (ACCOUNTANT MEMBER) MUMBAI, DATED 11 TH JUNE, 2010. JANHAVI COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX (APPEALS)- , MUMB AI 4. COMMISSIONER OF INCOME TAX, CITY- , MUMBAI 5. DEPARTMENTAL REPRESENTATIVE, BENCH B, MUMBAI //TRUE COPY// BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI