THE ACIT, 5(1), Indore V. M/s. Shivangi Rolling Mills Pvt. Ltd., Indore

ITA 64/IND/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 6517 (ITAT-INDORE)
• Duration Of Justice: 1 year(s) 5 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-07-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2006-2007
• Appeal Filed On: 06-02-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K G GOYAL
• Assessee Lawyers: SHRI; S N AGRAWAL

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE , , BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER . . /. I.T.A. NO. 64 /IND/201 7 [[ / ASSESSMENT YEAR: 2006 - 07 ASSISTANT COMMISSIONER OF INCOME - TAX, 5(1), INDORE. VS. M/S.SHIVANGI ROLLING MILLS PVT.LTD., / APPELLANT / RESPONDENT C.O.NO.22/IND/2018 (ARISING OUT . . /. I.T.A. NO. 64/IND/2017 ) [[ / ASSESSMENT YEAR:2006 - 07 M/S.SHIVANGI ROLLING MILLS PVT.LTD., VS. ACIT, 5(1), INDORE. CROSS OBJECTOR./ / RESPONDENT . . ./ PAN:AAGCS8004B DEPARTMENT BY : SHRI K.G. GOYAL, SR. DR ASSESSEE BY SHRI S. N.AGRAWAL AND SHRI PANKAJ MONGRA, CAS / DATE OF HEARING : 16 .0 7 .2018. / DATE OF PRONOUNCEMENT : 18 .0 7 .2018 SHIVANGI ROLLING MILLS P.LTD., INDORE. - : 2 : - / O R D E R PER KUL BHARAT, J.M. : APPEAL BY THE REVENUE AND CROSS OBJECTION FILED BY THE ASSESSEE ARE DIRECTED AGAINST THE ORDER OF CIT(A) - II, INDORE, DATED 26.10.2016 . 2 . THE LD. COUNSEL FOR THE ASSESSEE, AT THE OUT - SET, CONTENDED THAT SINCE THE ADDITION HAS BEEN DELETED IN APPEAL IN QUANTUM BY THE INCOME TAX APPELLATE TRIBUNAL , INDORE BENCH, VIDE ITS O RDER DATED 01.12.2015 PASSED IN I .T. (SS) A. NOS.134/IND/2013 AND 1 47/IND/2013 , THE PENALTY WILL NOT SURVIVE. 3 . THE LD. DEPARTMENTAL REPRESENTATIVE AGREED. 4 . WE HAVE HEARD THE RIVAL CONTENTION AND PERUSED THE MATERIAL AVAILABLE ON RECORD. WE HAVE PERUSED THE ORDER OF I.T.A.T, INDORE BENCH, INDORE. WE FIND THAT THE ADDITION HAS BEEN DELETED IN QUANTUM APPEAL . SINCE THE ADDITION IN QUANTUM APPEAL IS DELETED, THE PENALTY WILL NOT S URVIVE. SHIVANGI ROLLING MILLS P.LTD., INDORE. - : 3 : - 5 . IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED AND THE CROSS OBJECTION IS DISMISSED AS INFRUCTUOUS. THE ORDER PRONOUNCED IN THE OPEN COURT ON 1 8 .0 7 .201 8 . S D / - ( ) (MANISH BORAD) ACCOUNTANT MEMBER S D / - ( ) (KUL BHARAT) JUDICIAL MEMBER INDORE; DATED : 1 8 /0 7 /2018 CPU/SPS COPY TO: ASSESSEE/AO/PR. CIT/ CIT (A)/ITAT (DR)/GUARD FILE. BY ORDER PRIVATE SECRETARY/DDO, INDORE