The ACIT, Ahmedabad Circle-3, Ahmedabad V. M/s. Samir Synthetic Mills, Ahmedabad

ITA 802/AHD/2011

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 76796 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 2 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-05-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 06-05-2014
• Assessment Year: 2005-2006
• Appeal Filed On: 14-03-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: O P BATHEJA
• Assessee Lawyers: S N DIVETIA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH BEFORE: SRI D.K TYAGI, JUDICIAL MEMBER AND SHRI ANIL CHATURVEDI, ACCOUNTAN T MEMBER ACIT, AHMEDABAD CIRCLE-3, AHMEDABAD (APPELLANT) VS M/S. SAMIR SYNTHETICS MILLS, PLOT NO. 385 TO 402, GIDC ESTATE ODHAV, AHMEDABAD PAN: AADFS1631A (RESPONDENT) REVENUE BY: SRI O.P. BATHEJA, SR.D.R. ASSESSEE BY: SRI S.N. DIVETIA, A.R. DATE OF HEARING : 06-05-2014 DATE OF PRONOUNCEMENT : 30-05-20 14 / ORDER PER : D.K. TYAGI, JUDICIAL MEMBER:- THESE ARE REVENUES APPEALS AGAINST THE ORDER OF L D. CIT(A)-XVI AHMEDANAD DATED 25-01-2011 FOR ASSESSMENT YEARS 200 3-04 AND 2005-06 DATED 25-01-2011 DELETING THE PENALTY MADE BY ASSES SING OFFICER U/S. 271(1)(C) OF THE ACT. 2. SINCE BOTH THESE APPEALS BELONG TO SAME ASSESSEE , THEY WERE HEARD TOGETHER AND ARE BEING DISPOSED OFF BY THIS C ONSOLIDATED ORDER. ITA NOS. 801 & 802/AHD/2011 ASSESSMENT YEAR 2003-04 & 2005-06 I.T.A NO.801 & 802/AHD/2011 A.Y. 2003-04 & 20 05-06 PAGE NO ACIT VS. M/S. SAMIR SYNTHETICS MILLS 2 3. THE AO LEVIED A PENALTY OF RS. 3,34,235/- FOR TH E ASSESSMENT YEAR 2003-04 AND RS. 3,46,350/- FOR THE ASSESSMENT YEAR 2005-06. LD. CIT HAS DELETED THE PENALTIES IN RESPECT OF BOTH THE YEARS AS HONBLE ITAT HAD DELETED THE ADDITIONS WHICH WERE THE BASIS FOR LEVY ING THESE PENALTIES IN THE QUANTUM PROCEEDINGS VIDE ITS ORDER DATED 17-09- 2010 IN ITA NOS. 2105-2106/AHD/2008 FOR ASSESSMENT YEAR 2003-04 AND 2005-06. SINCE THE ADDITIONS WHICH WERE THE BASIS OF THESE PENALTI ES HAVE BEEN DELETED BY THE HONABLE ITAT, PENALTIES ARE NOT SUSTAINABLE IN LAW AND THEREFORE LD. CIT(A) HAS RIGHTLY DELETED THESE PENALTIES AND THE ORDERS PASSED BY HIM FOR BOTH THE YEARS ARE HEREBY UPHELD. 4, IN THE RESULT, REVENUES APPEALS ARE DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON THE DATE MENTIONE D HEREINABOVE AT CAPTION PAGE SD/- SD/- (ANIL CHATURVEDI) ( D.K. TYAGI) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD : DATED 30/05/2014 AK / COPY OF ORDER FORWARDED TO:- 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,