The ITO, Ward-4(1), Ahmedabad V. Gujarat Microwax Ltd., Ahmedabad

ITA 635/AHD/2012

• Counselvise Citation: 63520514 RSA 2012
• Duration Of Justice: 2 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-06-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2002-2003
• Appeal Filed On: 14-03-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAHUL KUMAR
• Assessee Lawyers: G C PIPARA

Judgement Text

, , , , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD BEFORE SHRI G.C.GUPTA VICE-PRESIDENT(AZ) AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER 1. ./ I.T.A.NO.635/AHD/2012 - / // / A.Y. 2002-03 2. ./ I.T.A.NO.636/AHD/2012 - / // / A.Y. 2003-04 1. INCOME TAX OFFICER WARD-4(1) AHMEDABAD 2. DO- REVENUE / VS. 1. GUJARAT MICROWAX LTD. 6 TH FLOOR, MOTILAL CHAMBERS ASHRAM ROAD AHMEDABAD 380 009 2. DO- ASSESSEE !' ./#$ ./ PAN/GIR NO. : AAACG 5593 P ( % / // / APPELLANT ) .. ( &' % / RESPONDENT ) REVENUE BY : SHRI RAHUL KUMAR, SR.D.R. ASSESSEE BY : SHRI G.C.PIPARA, A.R. () * +,' / / / / DATE OF HEARING : 08/05/2012 -. * +,' / DATE OF PRONOUNCEMENT : 1.6.12 !/ / O R D E R PER SHRI G.C.GUPTA, VICE PRESIDENT (AZ): THESE TWO APPEALS BY THE REVENUE FOR THE ASSESSME NT YEARS 2002-03 & 2003-04 ARE DIRECTED AGAINST THE ORDERS OF THE LE ARNED CIT(APPEALS)-VIII AHMEDABAD DATED 29/12/2011. THESE ARE BEING DISPOS ED OF WITH THIS CONSOLIDATED ORDER. 2. THE ONLY ISSUE IN THESE TWO APPEALS OF THE REVEN UE IS REGARDING VALIDITY OF PENALTY U/S.271(1)(C) OF THE I.T.ACT. THE LD. COUNSEL FOR THE ASSESSEE, AT THE OUTSET, SUBMITTED THAT THE VERY BASIS FOR IMPOS ITION OF PENALTY WAS THE DISALLOWANCE OF DEDUCTION U/S.80HHC WHICH HAS BEEN DELETED IN BOTH THE APPEALS BY THE LEARNED CIT(APPEALS) AND THE DEPARTM ENT HAS NOT PREFERRED ITA NOS 635 & 636/AHD/2012 ITO VS. GUJARAT MICROWAX LTD. ASST.YEARS- 2002-03 & 2003-04 (RESPECTIVELY) - 2 - ANY APPEAL AGAINST THE ORDER(S) OF THE LEARNED CIT( APPEALS) AND, ACCORDINGLY, THE PENALTY U/S.271(1)(C) OF THE I.T.ACT COULD NOT BE IMPOSED IN THE HANDS OF THE ASSESSEE. 3. THE LD.DR COULD NOT CONTROVERT THE SUBMISSIONS O F THE LD.COUNSEL FOR THE ASSESSEE. HE RELIED ON THE ORDERS OF THE ASSES SING OFFICER. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS AND HAV E PERUSED THE ORDERS OF THE ASSESSING OFFICER AND LEARNED CIT(APPEALS). WE FIND THAT THE VERY BASIS FOR IMPOSITION OF PENALTY U/S.271(1)(C) WAS T HE DISALLOWANCE OF DEDUCTION U/S.80HHC OF THE I.T.ACT CLAIMED BY THE ASSESSEE A ND THE DISALLOWANCE MADE BY THE ASSESSING OFFICER HAS BEEN DELETED BY THE LE ARNED CIT(APPEALS) VIDE HIS ORDER(S) DATED 29/12/2011 IN THE QUANTUM APPEAL S OF THE ASSESSEE FOR BOTH THE RELEVANT ASSESSMENT YEARS 2002-03 & 2003-04 AND , ACCORDINGLY, THE VERY BASIS ON WHICH THE PENALTY WAS IMPOSED ON THE ASSES SEE DOES NOT SURVIVE AND NO PENALTY FOR CONCEALMENT OF INCOME OR FOR FILING OF INACCURATE PARTICULARS OF INCOME U/S.271(1)(C) OF THE I.T.ACT COULD BE SUSTAI NED IN THE CASE OF ASSESSEE. UNDER THESE FACTS OF THE CASE, WE CONFIRM THE ORDER (S) OF THE LEARNED CIT(APPEALS) IN DELETING THE PENALTY IMPOSED U/S.27 1(1)(C) OF THE I.T.ACT AND THE GROUNDS OF APPEAL OF THE REVENUE FOR BOTH THE A SSESSMENT YEARS 2002-03 & 2003-04 ARE DISMISSED. 5. IN THE RESULT, BOTH THE APPEALS OF THE REVENUE A RE DISMISSED. SD/- SD/- (A. MOHAN ALANKAMONY) ( G.C. GUPTA ) ACCOUNTANT MEMBER VICE PRE SIDENT (AZ) AHMEDABAD; DATED 01 / 06 /2012 0,.., .../ T.C. NAIR, SR. PS ITA NOS 635 & 636/AHD/2012 ITO VS. GUJARAT MICROWAX LTD. ASST.YEARS- 2002-03 & 2003-04 (RESPECTIVELY) - 3 - !/ * &+1 2!1+ !/ * &+1 2!1+ !/ * &+1 2!1+ !/ * &+1 2!1+/ COPY OF THE ORDER FORWARDED TO : 1. % / THE APPELLANT 2. &' % / THE RESPONDENT. 3. + (3 / CONCERNED CIT 4. (3() / THE CIT(A)-VIII, AHMEDABAD 5. 167 &+ , , / DR, ITAT, AHMEDABAD 6. 78 9) / GUARD FILE. !/( !/( !/( !/( / BY ORDER, '1+ &+ //TRUE COPY// : :: :/ // / # # # # ( DY./ASSTT.REGISTRAR) , , , , / ITAT, AHMEDABAD 1. DATE OF DICTATION.. 8/5/12 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 8/5/12 OTHER MEMBER 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S1.6.12 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 1.6.12 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 9. DATE OF DESPATCH OF THE ORDER