Appeal Details
Counselvise Citation
[2015] 140 COUNSELVISE.COM (IT) 93904 (ITAT-PUNE)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
2 year(s) 3 month(s) 18 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
15-07-2015
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
B
Next Hearing Date
15-07-2015
Assessment Year
2007-2008
Appeal Filed On
28-03-2013
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, PUN E , , !'#$ BEFORE SHRI R.K. PANDA, AM AND SHRI VIKAS AWASTHY, JM / ITA NO. 745/PN/2013 #% & '& / ASSESSMENT YEAR : 2007-08 ATLAS COPCO (INDIA) LIMITED, SVEANAGAR, DAPODI, PUNE-411012 . / APPELLANT PAN : AAA CA4074D (% V/S. THE ADDITIONAL COMMISSIONER OF INCOME TAX, B WING PMT COMMERCIAL BUILDING, SWARGATE, PUNE-411037 . / RESPONDENT / APPELLANT BY : SHRI PRASHANT GANDHI / DEPARTMENT BY : SHRI MAZHAR AKRAM ) DATE OF HEARING :15-07-2015 / DATE OF PRONOUNCEMENT :15-07-2015 *) ORDER PER VIKAS AWASTHY, JM : THE APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE O RDER OF COMMISSIONER OF INCOME TAX (APPEALS)-V, PUNE DATED 02-01- 2013 FOR THE ASSESSMENT YEAR 2007-08, CONFIRMING LEVY OF PENALTY U/S. 2 71C OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT). 2. THE ASSESSEE HAS FILED AN APPLICATION WITH A PRAYER T O REMIT THE PENALTY APPEAL OF ASSESSEE BEFORE COMMISSIONER OF INCOME T AX (APPEALS). THE LD. AR OF THE ASSESSEE SUBMITTED THAT THE ASSESSEE HAD FILED QUANTUM 2 ITA NO. 745/PN/2013, A.Y. 2007-08 APPEAL IN ITA NO. 550/PN/2010 BEFORE THE TRIBUNAL FOR THE IMPUGNED ASSESSMENT YEAR AGAINST THE COMMISSIONER OF INCOME TAX (APPEALS)-V, PUNE DATED 15-01-2019. THE TRIBUNAL HAS SET ASIDE THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) AND HAS REMITTED THE MATTER BACK TO THE FILE OF COMMISSIONER OF INCOME TAX (APPEALS) FOR FRESH A DJUDICATION. THE LD. AR PLACED ON RECORD A COPY OF THE TRIBUNAL ORDER IN ITA NO. 550/PN/2010 DATED 25-02-2015. 3. THE LD. DR REPRESENTING THE DEPARTMENT ADMITTED THE FACT THAT THE QUANTUM APPEAL OF THE ASSESSEE HAS BEEN REMITTED BACK TO THE FILE OF COMMISSIONER OF INCOME TAX (APPEALS) FOR FRESH ADJUDICATION. 4. BOTH SIDES HEARD. THE ORDER OF THE CO-ORDINATE BENC H IN ASSESSEES APPEAL I.E. ITA NO. 550/PN/2010 PERUSED. WE FIND THAT THE TRIBUNAL VIDE ORDER DATED 25-02-2015 HAS REMITTED THE MATTER BACK TO THE FILE OF COMMISSIONER OF INCOME TAX (APPEALS) FOR ADJUDICATING THE ISS UE AFRESH. SINCE, THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS) IN QUANTUM APPEAL HAS BEEN SET ASIDE AND HAS BEEN RESTORED BACK TO COMMISSIONER OF INCOME TAX (APPEALS) FOR FRESH ADJUDICATION, THE ORDER OF C OMMISSIONER OF INCOME TAX (APPEALS) IN PENALTY APPEAL WILL NOT BE SUSTAINA BLE. HENCE, THE SAME IS SET ASIDE. WE REMIT THIS FILE BACK TO COMMISSIO NER OF INCOME TAX (APPEALS) FOR DECIDING THE APPEAL AFRESH, IN ACCORDANCE WITH LAW. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED ON WEDNESDAY, THE 15 TH DAY OF JULY, 2015 AT PUNE SD/- SD/- ( ! / R.K. PANDA) ( ' # / VIKAS AWASTHY) ACCOUNTANT MEMBER JUDICIAL MEMBER $ PUNE; %& /DATED : 15 TH JULY, 2015 RK/PS 3 ITA NO. 745/PN/2013, A.Y. 2007-08 *+,#-. / '- $ COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ' ( ) / THE CIT(A)-V, PUNE 4. ' /THE CIT(TDS), PUNE 5. '*+ ,,-. / -. / 0 1 23 / $ DR, ITAT, B BENCH, PUNE 6. +!4 5 $ GUARD FILE. // ' , //TRUE COPY// *% / BY ORDER, #%0 1) PRIVATE SECRETARY, ' /ITAT, PUNE
