The ITO, Ward-9(1), Ahmedabad V. M/s. Shree Umiya Corporation, Ahmedabad

ITA 65/AHD/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 9391 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 1 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-02-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 29-02-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 07-01-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LALA PHILIPS
• Section: 6

Judgement Text

ITA NO. 65 /AHD/201 3 ASSESSMENT YEAR S : 200 6 - 07 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD C BENCH, AHMEDABAD [CORAM : PRAMOD KUMAR AM AND S S GODARA JM ] ITA NO .65 /AHD/ 20 1 3 ASSESSMENT YEAR : 200 6 - 07 INCOME TAX OFFICER .. .APPELLANT WAR D 9(1), AHMEDABAD . VS. SHRI UMI YA CORPORATION, .. . RESPONDENT 7, SILVER PLAZA, INSIDE NEST BUNGLOWS, RAMDEV NAGAR, AHMEDABAD. [PAN: A AUFS 1054 Q ] APPEARANCES BY: LALA PHILIPS , FOR THE APPELLANT ARTI N. SHAH, FOR THE RESPONDENT D ATE OF CONCLUDING THE HEARING : FEBRUARY 2 9 TH , 201 6 DATE OF PRONOUNCING THE ORDER : FEBRUARY 29 TH , 201 6 O R D E R PER PRAMOD KUMAR , AM : 1. BY WAY OF TH IS APPEAL, THE ASSESSING OFFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 3 RD OCTOBER, 2012, PASSED BY THE LD. CIT(A), FOR THE ASSESSMENT YEAR 2006 - 07, ON THE FOLLOWING GROUNDS : - 1) THE LD. COMMISSIONER OF INCOME T AX (APPEALS) - XV, AHMEDABAD HAS ERRED IN LAW AND ON FACT S IN DELETING T HE PENALTY OF RS.27,68,283/ - LEVIED U/S. 271(1)(C) OF THE ACT. 2) ON THE FACTS AND IN TH E CIRCUMSTANCES OF THE CASE, T HE LD. COMMISSIONER OF INCOME T A X (APPEALS) - XV, AHMEDABAD OUGHT TO HAVE UPHELD T HE ORDER OF THE ASSESSING OFFICER. ITA NO. 65 /AHD/201 3 ASSESSMENT YEAR S : 200 6 - 07 PAGE 2 OF 2 3) IT IS THEREFORE, PRAYED THAT THE ORDER OF THE L D . COMMISSIONER OF INCOME TAX (APPEALS) - XV, AHMEDABAD MAY BE SET - ASIDE AND THAT OF THE ASSESSING OFFICER BE RESTORED. 2. WHEN TH IS APPEAL W AS CALLED OUT FOR HEARING, LEARNED COUNSEL FOR THE ASSESSEE POINTED OUT THAT THE REL A TED QUANTUM HAS ALREADY BEEN DELETED BY THE T RIBUNAL VI D E ORDER DATED 7 TH JULY 2015, AND, T HEREFORE, PENALTY MUST ALSO ST A ND DELETED. COPY OF THE AFORES A ID DECISION WAS ALSO SUBMITTED. 3. LEARNED DEPARTMENTAL REPRESENTATIVE FAIRLY ACCEPTS T HE FACTUAL POSITION AS STATED BY THE LEARNED COUNSEL. 4. IN VI E W OF THE ABOVE FACT THAT THE RELATED QU ANTUM ADDITION ITSELF IS DELETED, THE PENALTY MUST BE DELETED TOO. WE, THEREFORE, VACATE THE ORDERS OF THE AUTHORITIES BELOW AND DELETE T HE IMPUGNED PENALTY. 5 . IN THE RESULT, THE APPEAL IS DISMISSED . P RONOUNCED IN THE OPEN COURT ON THIS 29 TH DA Y OF FEBRUARY, 2016 . SD/ - SD/ - S.S. GODARA PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) PBN/* DATED: THE 29 TH DAY OF FEBRUARY , 201 6 . COPIES TO : (1) THE APPELLANT (2) THE RESPO NDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD