MAYA A. SATAM, MUMBAI V. ITO 18(1)(4), MUMBAI

ITA 6977/MUM/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 55137 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-09-2011
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 08-09-2011
• Assessment Year: 2005-2006
• Appeal Filed On: 07-10-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: P C MAURYA
• Assessee Lawyers: G S PIKALE; P C TRIPATHI
• Keywords: Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B, MUMBAI BEFORE SHRI R.S.SYAL, AM AND SHRI VIJAY PAL RAO, JM ITA NO.6977/MUM/2010 : ASST.YEAR 2005-2006 SMT.MAYA A.SATAM 954, A/B PRATIPADA, V.S.MARG DADAR, MUMBAI 400 028. PAN : ANIPS0251J. VS. THE INCOME TAX OFFICER WARD 18(1)(4) MUMBAI. (APPELLANT) (RESPONDENT) APPELLANT BY : S/SHRI G.S.PIKALE & P.C.TRIPATHI RESPONDENT BY : SHRI P.C.MAURYA DATE OF HEARING : 08.09.2011 DATE OF PRONOUNCEMENT : 14.09.2011 O R D E R PER R.S.SYAL, AM : THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER PASSED BY THE COMMISSIONER OF INCOME-TAX (APPEALS) ON 16.08.2010 UPHOLDING PENALTY OF RS.4,75,728 IMPOSED BY THE ASSESSING OFFICER U/S.27 1(1)(C) IN RELATION TO THE ASSESSMENT YEAR 2005-2006. 2. AT THE VERY OUTSET THE LEARNED COUNSEL FOR THE A SSESSEE PLACED ON RECORD A COPY OF ORDER PASSED BY THE TRIBUNAL IN ITA NO.5717 /MUM/2008 AND CONTENDED THAT THE IN QUANTUM PROCEEDINGS THE TRIBUNAL HAS SE T ASIDE THE ORDER OF THE CIT(A) AND RESTORED THE ISSUE TO THE FILE OF THE ASSESSING OFFICER WITH DIRECTION TO DECIDE THE SAME AFTER VERIFYING THE RELEVANT RECORD PARTIC ULARLY THE BANK STATEMENT, AND THEREFORE, THE PENALTY LEVIED ON SUCH ADDITION MAY BE DELETED. IN THE OPPOSITION, THE LEARNED DEPARTMENTAL REPRESENTATIVE OPPOSED THE DEL ETION OF PENALTY. 3. AFTER CONSIDERING THE RIVAL SUBMISSIONS AND PERU SING THE RELEVANT MATERIAL ON RECORD IT IS NOTICED THAT THE ASSESSEE CHALLENGED T HE ADDITION IN QUANTUM PROCEEDINGS BEFORE THE TRIBUNAL. THE TRIBUNAL IN IT A NO.5717/MUM/2008 DATED 19 TH NOVEMBER, 2010 SET ASIDE THE ISSUE TO THE FILE OF A.O. FOR DECISION AFRESH AFTER ITA NO.6977/MUM/2010 SMT.MAYA A.SATAM. 2 VERIFICATION OF RELEVANT RECORDS. WHEN THE ADDITION HAS BEEN RESTORED TO THE FILE OF A.O., IN OUR CONSIDERED OPINION, THE PENALTY ON THI S ASPECT SHOULD ALSO BE RESTORED TO THE FILE OF A.O. FOR TAKING A FRESH DECISION IN ACCORDANCE WITH THE VIEW FINALLY TAKEN BY HIM IN RESPECT OF ADDITION IN QUANTUM PROC EEDINGS. OUR VIEW IN RESTORING THE MATTER TO THE FILE OF THE AO IS FORTIFIED BY TH E JUDGMENT OF THE HON'BLE SUPREME COURT IN THE CASE OF MOHAMMED MOHATRAM FAROOQUIVS. CIT (SC) 2010-TIOL-23- SC-IT. WE, THEREFORE, OVERTURN THE IMPUGNED ORDER O N THIS ISSUE AND RESTORE THE MATTER TO THE FILE OF A.O. FOR TAKING A FRESH DECIS ION AFTER DECIDING THE MATTER IN QUANTUM PROCEEDINGS. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON THIS 14 TH DAY OF SEPTEMBER, 2011 . SD/- SD/- (VIJAY PAL RAO) (R.S.SYAL) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI : 14 TH SEPTEMBER, 2011. DEVDAS* COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT CONCERNED 4. THE CIT(A) XXIX, MUMBAI. 5. THE DR/ITAT, MUMBAI. 6. GUARD FILE. TRUE COPY. BY ORDER ASSISTANT REGISTRAR, ITAT, MUMBAI.