MADAN SINGH BHARARA, MUMBAI V. JCIT (OSD) RG 8(1), MUMBAI

ITA 7333/MUM/2012

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 0197 (ITAT-MUMBAI)
• Duration Of Justice: 5 year(s) 2 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-02-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 11-12-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SUMAN KUMAR
• Assessee Lawyers: VIPUL J SHAH
• Keywords: Additional evidence

Judgement Text

IN THE INC OME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE SHRI G. S. PANNU , AM & SHRI SANDEEP GOSAIN, JM ./ I.T.A. NO . 7333/MUM/2012 ( / ASSESSMENT YEAR: 200 7 - 08 ) MADAN SINGH BHARARA GR. FLOOR, SANTOSH NIWAS, PHIROZSHAH RD, SANTACRUZ (W) MUMBAI - 400054 / VS. J CIT (OSD) RG - 8 (1) AAYAKAR BHAVAN MUMBAI PIN: ./ ./ PAN/GIR NO. AA BPB9330M ( / APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : SH. VIPUL J. SHAH / RESPONDENTBY : SH. SUMAN KUMAR / DATE OF HEARING : 09 /0 1 /201 8 / DATE OF PRONOUNCEMENT : 21/02/2018 / O R D E R PER SANDEEP GOSAIN, J UDICIAL MEMBER : THIS APPEAL FILED BY THE ASSESSEE IS AGAINST THE ORDER OF LD. CIT(A) - 16 , MUMBAI DATED 17.10.12 FOR AY 2007 - 08 ON THE GROUNDS MENTIONED HEREIN BELOW: - 1. THE LD. CIT(A) HAS ERRED IN CONFIRMING THE PENALTY LEVIED BY THE JCIT U/S 271(1)(C) WHICH IS NOT 2 I.T.A. NO. 7333 /MUM/201 2 ) MADAN SINGH BHARARA CONFORMITY WITH THE FACTS AND CIRCUMSTANCES OF THE CASE. 2. THE APPELLANT CRAVES FOR PERMISSION TO ADD OR AMEND ANY OF THE GROUNDS OF APPEAL AT THE TIME OF HEARING. 2. THE LD. AR DRAWN OUR ATTENTION TO THE ORDER OF HONBLE ITAT IN QUANTUM APPEAL BEARING ITA NO. 1658/MUM/2011 FOR AY 2007 - 08 IN CASE TITLED SARDAR MA DAN SINGH BHARARA VRS ACIT DATED 05.06.17 AND SUBMITTED THAT THE QUANTUM APPEAL FILED BY THE ASSESSEE HAS BEEN SET ASIDE /RESTORE BACK TO THE FILE OF AO FOR FRESH ADJUDICATION. 3. ON THE PERUSAL OF PARA NO. 5 OF THE SAID ORDER OF HONBLE ITAT, WE NOTICED THAT THE HONBLE ITAT HAS RESTORED BACK THE MATTER TO THE FILE OF AO FOR FRESH ADJUDICATION. THE AO IS ALSO DIRECTED TO DECIDE THE ISSUE AFTER CONSIDERING THE ADDITIONAL EVIDENCE FILED BY THE ASSESSEE BEFORE HONBLE ITAT. 4. SINCE THE PRESENT PENALTY PR OCEEDINGS WERE BORNE OUT OF THE ASSESSMENT ORDER, WHICH HAS NOW BEEN SET ASIDE TO THE FILE OF 3 I.T.A. NO. 7333 /MUM/201 2 ) MADAN SINGH BHARARA AO BY THE ORDER OF HONBLE ITAT. THEREFORE THE PENALTY ARISING OUT OF THE SAID ORDER IS NOT SUSTAINABLE IN THE EYES OF LAW. IN VIEW OF THE ABOVE FACTS, CIRCUMSTAN CES AND DISCUSSION, WE DROP THE PENALTY. IT IS ORDERED ACCORDINGLY. 4. IN THE NET RESULT, THE APPEAL FILED BY THE ASSESSEE STANDS ALLOWED . ORDER PRONOUNCED IN THE OPEN COURT ON 21 ST FEB , 201 8. SD/ - SD/ - ( G. S. PANNU ) (SANDEEP GOSAIN) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI ; DATED : 21 . 0 2 .201 8 SR.PS . DHANANJAY / 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 F I LE / BY ORDER, . / (DY./ ASSTT.REGISTRAR) , / ITAT, MUMBAI