ITO 14(3)(3), MUMBAI V. SATELLITE CABLE TV CABLE NETWORK P.LTD, MUMBAI

ITA 6800/MUM/2017

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 5505 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-02-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: J
• Assessment Year: 2009-2010
• Appeal Filed On: 30-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: CH ARUN KUMAR SINGH LD
• Assessee Lawyers: NARENDRA S BHAWAT LD
• Keywords: Deemed dividend
• Section: 271(1)(c); 143(3); 2(22)(e)

Judgement Text

ITA 6800/MUM/2017 SATELLITE CABLE T.V. NETWORKS PRIVATE LIMITED ASSESSMENT YEAR: 2009-10. 1 IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI , , BEFORE HONBLE SHRI PAWAN SINGH, JM AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM ./ I.T.A. NO.6800/MUM/2017 ( / ASSESSMENT YEAR: 2009-10) INCOME TAX OFFICER 14(3)(3) R.NO.453, AAYKAR BHAWAN M.K.ROAD MUMBAI 400 020 / VS. SATELLITE CABLE TV NETWORK PRIVATE LIMITED 1/158,GARODIA SHOPPING CENTRE GARODIA NAGAR, GHATKOPAR (E), MUMBAI 400 077 ./ ./PAN/GIR NO. AAKCS-0785-R ( /APPELLANT ) : ( / RESPONDENT ) REVENUE BY : CH. ARUN KUMAR SINGH - LD.DR ASSESSEE BY : MR. NARENDRA S. BHAWAT LD. AR !' / DATE OF HEARING : 28/01/2019 !' / DATE OF PRONOUNCEMENT : 05/02/2019 / O R D E R PER MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY REVENUE FOR ASSESSMENT YEAR [AY] 2009-10 CONTEST THE ORDER OF LD. COMMISSIONER OF INCOME-TAX (APPEALS)-22, MUMBAI, [CIT(A)], APPEAL NO. CIT(A)-22/IT/315/2015- 16 DATED 19/09/2017 QUA DELETION OF PENALTY U/S 271(1)(C) FOR RS.30.82 LACS AS LEVIED BY LD. ASSESSING OFFICER VIDE PENALTY ORDER DATED 29/03/2015. ITA 6800/MUM/2017 SATELLITE CABLE T.V. NETWORKS PRIVATE LIMITED ASSESSMENT YEAR: 2009-10. 2 2. FACTS IN BRIEF ARE THAT THE ASSESSEE BEING RESIDENT CORPORATE ASSESSEE WAS ASSESSED FOR IMPUGNED AY U/S 143(3) ON 07/12/20 11 WHEREIN IT WAS SADDLED WITH QUANTUM ADDITION ON ACC OUNT OF DEEMED DIVIDEND U/S 2(22)(E) FOR RS.90.70 LACS. CONSEQUENTLY, PENALTY PROCEEDINGS U/S 271(1)(C) WERE INITIATED AGAINST TH E QUANTUM ADDITION AND THE ASSESSEE WAS SADDLED WITH PENALTY OF RS.30. 82 LACS VIDE ORDER DATED 29/03/2015. 3. THE ASSESSEE AGITATED THE PENALTY WITH SUCCESS B EFORE FIRST APPELLATE AUTHORITY VIDE IMPUGNED ORDER DATED 19/09 /2017. THE PENALTY WAS DELETED SINCE THE QUANTUM ADDITIONS IN RESPECT OF THE WHICH THE PENALTY WAS LEVIED, WAS ALREADY DELETED BY THE TRIB UNAL VIDE ITA NO. 4007/MUM/2013 ORDER DATED 22/05/2015. AGGRIEVED, THE REVENUE IS IN FURTHER APPEAL BEFORE US. 4. THOUGH LD. DEPARTMENTAL REPRESENTATIVE [DR] JUST IFIED THE STAND OF LD. AO IN IMPOSING THE PENALTY, YET THE FACT THAT T HE QUANTUM ADDITION HAS BEEN DELETED BY THE TRIBUNAL, REMAIN UNCONTROVE RTED. NOTHING HAS BEEN BROUGHT ON RECORD TO SUGGEST THAT THE AFORESAI D RULING HAS EVER BEEN OVER-RULED BY ANY COMPETENT JUDICIAL AUTHORITY . THIS BEING THE CASE, NO INTERFERENCE IS CALLED FOR IN THE IMPUGNED ORDER . 5. THE APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 05 TH FEBRUARY, 2019. SD/- SD /- (PAWAN SINGH) (MA NOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 05.02.2019 PS / K. RAVI KUMAR ITA 6800/MUM/2017 SATELLITE CABLE T.V. NETWORKS PRIVATE LIMITED ASSESSMENT YEAR: 2009-10. 3 / COPY OF THE ORDER FORWARDED TO : 1. ! / THE APPELLANT 2. '# ! / THE RESPONDENT 3. $$% ( ) / THE CIT(A) 4. $$% / CIT CONCERNED 5. & ''() , $) , / DR, ITAT, MUMBAI 6. ' +, / GUARD FILE / BY ORDER, / % (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.