GANPATHY VISHWANATHAN, MUMBAI V. ASST CIT 23(2), MUMBAI

ITA 7635/MUM/2012

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 83520 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-08-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Next Hearing Date: 21-08-2014
• Assessment Year: 2005-2006
• Appeal Filed On: 26-12-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PARMINDER
• Assessee Lawyers: ASHOK SUTHAR; SANDIP KEJRIWAL
• Keywords: Additional evidence

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI . . , . . , ! '# $ BEFORE SHRI H.L.KARWA, PRESIDENT AND SHRI N.K.BILLA IYA, AM ./ I.T.A. NO. 7635/MUM/2012 ( %& ' / ASSESSMENT YEAR: 2005-06) GANPATHY VISHWANATHAN, 18C/2, VIRDDHI MODEL TOWN, GATE NO.2. BAL RAJESHWAR ROAD, MULUND(WEST), MUMBAI-40080 & / VS. THE ASST.COMMISSIONER OF INCOME-TAX-23(2) BANDRA MUMBAI. ./ PAN : ABOPV1273F ( / APPELLANT) .. ( ! / RESPONDENT ) ' # / ASSESSEE BY: SHRI ASHOK SUTHAR, & SHRI SANDIP KEJRIWAL ! ' # / RESPONDENT BY : SMT. PARMINDER $ % ' &' / DATE OF HEARING : 21/08/2014 ()*+ ' &' / DATE OF PRONOUNCEMENT : 21/08/2014 ,- / O R D E R PER N.K.BILLAIYA, AM: THIS APPEAL BY THE ASSESSEE IS PREFERRED AGAINST TH E ORDER OF THE CIT(A)-33, MUMBAI DATED 30/10/2012 PERTAINING TO AS SESSMENT YEAR 2005-06. 2. THE SOLE GRIEVANCE OF THE ASSESSEE IS THAT THE C IT(A) ERRED IN CONFIRMING THE PENALTY OF ` .28,65,588/- LEVIED U/S 271(1)(C) OF THE ACT BY THE AO. 3. AT THE OUTSET, IT HAS BEEN BROUGHT TO OUR NOTICE THAT AGAINST THE QUANTUM ADDITION, THE MATTER WENT UP TO THE TRIBUNA L AND THE TRIBUNAL BY ITS ORDER DATED 10/08/2012 IN ITA NO.5147/MUM/2009 HAS SET-ASIDE THE ITA NO.7635/MUM/2012 2 ORDER OF THE CIT(A) AND RESTORED THE MATTER BACK TO HIM FOR PASSING A FRESH ORDER AFTER NECESSARY EXAMINATION. 4. WE HAVE CAREFULLY PERUSED THE ORDERS OF THE AUTH ORITIES BELOW. WE HAVE ALSO GONE THROUGH THE DECISION OF THE TRIBUNAL IN ITA NO.5147/ MUM/2009. WE FIND THAT AT PARA 4.1 OF ITS ORDER, T HE TRIBUNAL HAS OBSERVED THAT: IN OUR VIEW THESE ADDITIONAL EVIDENCES WILL BE USE FUL FOR PROPER EXAMINATION OF THE CASE TO ARRIVE AT A FAIR DECISIO N IN THE MATTER AS ONE OF THE GROUNDS ON WHICH ADDITION HAS BEEN MADE WAS THAT THE PARTIES COULD NOT BE PRODUCED BY THE ASSESSEE . THE TRIBUNAL FINALLY CONCLUDED BY SETTING ASIDE THE MATTER TO THE FILE OF CIT(A) FOR FRESH ADJUDICATION. 5. IN THE INTEREST OF JUSTICE, WE RESTORE THIS ISSU E OF LEVY OF PENALTY TO THE FILES OF THE CIT(A). THE CIT(A) IS DIRECTED TO ADJUDICATE THE MATTER AFRESH AFTER DECIDING THE QUANTUM APPEAL. 6. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS A LLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 21/08/2014 ,- ' ()*+ $ . / 0 1, 21 /08/2014 , ) ' 2% 3 SD/- (H.L.KARWA) SD/- (N.K.BILLAIYA) HONBLE PRESIDENT ACCOUNTANT MEMBER / $ % MUMBAI; 1, /DATED : 21 ST AUGUST, 2014. F{X~{TA F{X~{TA F{X~{TA F{X~{TA P.S. P.S. P.S. P.S. ' ( ) *%+,- . -'+ / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. ! / THE RESPONDENT. ITA NO.7635/MUM/2012 3 3. $ 4& ( ) / THE CIT- , MUMBAI. 4. $ 4& / CIT(A)- , MUMBAI 5. 562 7&789 , ' 89+ , / $ % / DR, ITAT, MUMBAI 6. 2: ;% / GUARD FILE. ' (& / BY ORDER, ! 5& 7& //TRUE COPY// / / 0 1 (DY./ASSTT. REGISTRAR) , / $ % / ITAT, MUMBAI