DCIT CC 8(4), MUMBAI V. OLEANDER FARMS P. LTD, NAVI MUMBAI

ITA 7056/MUM/2017

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 4903 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 12-12-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ABHIRAMA KARTHIKEYAN
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY , JUDICIAL MEMBER AND SHRI MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER IT A NO. 7056 /MUM./2017 ( ASSESSMENT YEAR : 20 05 06 ) DY. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 8(4), MUMBAI . APP ELL ANT V/S M/S. OLEANDER FARMS PVT. LTD. D 73/1, TTC INDUSTRIAL AREA MIDC ROAD, TURBHE NAVI MUMBAI 400 705 PAN AAACO6556G . RESPONDENT ASSESSEE BY : NONE REVENUE BY : SHRI ABHI RAMA KARTHIKEYAN DATE OF HEARING 0 8 .0 5 .2019 DATE OF ORDER 17.05.2019 O R D E R PER SAKTIJIT DEY. J.M. THE AFORESAID APPEAL HA S BEEN FILED BY THE ASSESSEE CHALLENGING THE ORDER DATED 25 TH SEPTEMBER 201 7 , PASSED BY THE LEARNED COMMISSIONER (APPEALS) 50 , MUMBAI, DELETING THE PENALTY IMPOSED UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961 (FOR SHORT 'THE ACT' ) PERTAINING TO THE ASSESSMENT YEAR 200 5 06 . 2 M/S. OLEANDER FARMS PVT. LTD. 2 . WHEN THE APPEAL WAS CALLED FOR HEARING, NO ONE WAS PRESENT TO REPRESENT THE CASE ON BEHALF OF THE ASSESSEE. THEREFORE , WE PROCEED TO DISPOSE OF THE APPEAL EX PARTE QUA THE ASSESSEE AFTER HEARING THE LEARNED DEPARTMENTAL REPRESENTATIVE AND THE MATERIAL AVAILABLE ON RECORD. 3 . AT THE OUTSET, THE LEARNED DEPARTMENTAL REPRESENTATIVE SUBMITTED THAT THE ADDITIONS ON T HE BASIS OF WHICH PENALTY UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961 (FOR SHORT 'THE ACT' ) WAS IMPOSED , IN THE MEANWHILE , HAVE BEEN DELETED BY THE TRIBUNAL WHILE DECIDING THE QUANTUM APPEAL OF THE ASSESSEE. THUS, HE SUBMITTED , AS A RESULT OF THE O RDER PASSED BY THE TRIBUNAL IN THE QUANTUM APPEAL, THE PENALTY IMPOSED UNDER SECTION 271(1)(C) OF THE ACT DOES NOT SURVIVE. 4 . ON A PERUSAL OF THE IMPUGNED ORDER OF THE LEARNED COMMISSIONER (APPEALS), WE FIND THAT IN COURSE OF HEARING OF APPEAL, THE DECISION OF THE TRIBUNAL IN QUANTUM APPEAL WAS FILED. ON GOING THROUGH THE ORDER OF THE TRIBUNAL, LEARNED COMMISSIONER (APPEALS) HAVING FOUND THAT THE ADDITION S ON THE BASIS OF WHICH PENALTY UNDER SECTION 271(1)(C) OF THE ACT WAS IMPOSED HAVE BEEN DELETED BY THE T RIBUNAL, HELD THAT THE PENALTY ORDER PASSED UNDER SECTION 271(1)(C) OF THE ACT WOULD NOT SURVIVE. THE AFORESAID FACTUAL POSITION REMAIN S UNCONTROVERTED. IN FACT, IN GROUND NO.1 OF THE PRESENT APPEAL, THE REVENUE HAS ACCEPTED THE 3 M/S. OLEANDER FARMS PVT. LTD. FACT THAT THE ADDITIONS ON THE BASIS OF WHICH PENALTY UNDER SECTION 271(1)(C) OF THE ACT WAS IMPOSED HAVE BEEN DELETED BY THE TRIBUNAL. IN VIEW OF THE AFORESAID, WE DO NOT FIND ANY INFIRMITY IN THE ORDER OF THE LEARNED COMMISSIONER (APPEALS) IN DELETING THE PENALTY IMPOSED. GROUNDS ARE DISMISSED. 5 . IN THE RESULT, APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN C OURT ON 17.05.2019 SD/ - MANOJ KUMAR AGGARWAL ACCOUNTANT MEMBER SD/ - SAKTIJIT DEY JUDICIAL MEMBER MUMBAI, DATED: 17.05.2019 COPY OF THE ORDER FORWARDED TO : ( 1 ) THE ASSESSEE; ( 2 ) THE REVENUE; ( 3 ) THE CIT(A); ( 4 ) THE CIT, MUMBAI CITY CONCERNED; ( 5 ) THE DR, ITAT, MUMBAI; ( 6 ) GUARD FILE . TRUE COPY BY ORDER PRADEEP J. CHOWDHURY SR. PRIVATE SECRETARY (ASSTT. REGISTRAR) ITAT, MUMBAI