The ITO, Ward-4(2), Baroda V. M/s. Peterplast Synthetics Pvt.Ltd., Baroda

ITA 745/AHD/2009

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 6059 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 4 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-07-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 11-07-2011
• Assessment Year: 2004-2005
• Appeal Filed On: 06-03-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B L YADAV
• Assessee Lawyers: S N DIVATIA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH D BEFORE SHRI G.D. AGARWAL, VICE-PRESIDENT (AZ) AND SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER DATE OF HEARING : 11/07/2011 DRAFTED ON: 13/ 07/2011 ITA NO.745/AHD/2009 ASSESSMENT YEAR : 2004-05 THE INCOME TAX OFFICER WARD-4(2) BARODA VS. M/S.PETERPLAST SYNTHETICS P.LTD. A-1/901-7, GIDC ESTATE MAKARPURA, BARODA PAN/GIR NO. : AABCP 1858 P (APPELLANT) .. (RESPONDENT) APPELLANT BY : SHRI B.L. YADAV, D.R. RESPONDENT BY: SHRI S.N. DIVATIA, A.R. O R D E R PER SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER : THIS IS AN APPEAL AT THE BEHEST OF THE REVENUE WHI CH HAS EMANATED FROM THE ORDER OF LEARNED CIT(APPEALS)-III, BARODA DATED 19/12/2008 AND THE ONLY ISSUE IS IN RESPECT OF DELETION OF P ENALTY LEVIED U/S.271(1)(C) OF THE I.T.ACT OF RS.3,02,999/-. 2. AT THE OUTSET, PARTIES APPEARING BEFORE US HAVE INFORMED THAT LEARNED CIT(APPEALS) HAS FOLLOWED A DECISION OF HIS PREDECESSOR, WHEREIN THE ADDITIONS IN RESPECT OF UNACCOUNTED SAL ES OF RS.8,44,384/- AND UNACCOUNTED RAW-MATERIAL OF RS.20 LACS WERE DEL ETED. SINCE IN QUANTUM APPEAL THOSE ADDITIONS WERE DELETED, THEREF ORE, IN CONSEQUENCE THEREOF, THE LEARNED CIT(APPEALS) IN THE IMPUGNED O RDER HAS DECIDED TO DELETE THE PENALTY. ITA NO .745/AHD/2009 ITO VS. M/S.PETERPLAST SYNTHETICS P.LTD. ASST.YEAR - 2004-05 - 2 - 3. NOW BEFORE US AN ORDER OF ITAT B BENCH AHMEDAB AD HAS BEEN PLACED, WHEREIN REVENUES APPEAL BEARING ITA NO.680 /AHD/2008 FOR ASSESSMENT YEAR 2004-05 FILED AGAINST THE QUANTUM RELIEF GRANTED BY LEARNED CIT(APPEALS) WAS CHALLENGED, HOWEVER, THAT APPEAL OF THE REVENUE WAS DISMISSED VIDE AN ORDER DATED 18/06/201 0. IN THE RESULT, THE QUESTION OF IMPUGNED QUANTUM ADDITION GOT SETTLED I N FAVOUR OF THE ASSESSEE, HENCE, THE RESULT IS THAT THE LEARNED CIT (APPEALS) WAS JUSTIFIED IN DELETING THE PENALTY. REVENUES GROUND IS DISMI SSED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DIS MISSED. ORDER SIGNED, DATED AND PRONOUNCED IN THE COURT ON 22 ND JULY, 2011. SD/- SD/- ( G.D. AGARWAL ) ( MUKUL KR. SHRAWAT ) VICE PRESIDENT (AZ) JUDICIAL ME MBER AHMEDABAD; DATED 22/ 07 /2011 T.C. NAIR, SR. PS COPY OF THE ORDER FORWARDED TO : 1. THE ASSESSEE. 2. THE DEPARTMENT. 3. THE CIT CONCERNED 4. THE LD. CIT(APPEALS)-III, BARODA 5. THE DR, AHMEDABAD BENCH 6. THE GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT.REGISTRAR), ITAT, AHMEDABAD ITA NO .745/AHD/2009 ITO VS. M/S.PETERPLAST SYNTHETICS P.LTD. ASST.YEAR - 2004-05 - 3 - 1. DATE OF DICTATION..13.07.2011 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 13.07.2011 OTHER MEMBER 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S22/7/11 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 22/7/11 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 9. DATE OF DESPATCH OF THE ORDER