Appeal details
Counselvise Citation
81021114 RSA 2010
Assessee PAN
Bench
Appeal Number
Duration Of Justice
4 year(s) 6 month(s) 18 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
06-01-2015
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
A
Next Hearing Date
06-01-2015
Assessment Year
2003-2004
Appeal Filed On
18-06-2010
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : BANGALORE BEFORE SMT. P. MADHAVI DEVI, JUDICIAL MEMBER AND SHRI ABRAHAM P GEORGE , ACCOUNTANT MEMBER ITA NO. 810 / BANG/20 1 0 (ASSESSMENT YEAR: 200 3 - 04 ) M/S.SHAW WALLACE DISTILLERIES LTD. (SINCE AMALGA MATED WITH UNITED SPIRITS LTD. UB TOWERS, 24/1, VITTAL MALLYA ROAD, BANGALORE - 56000 1. APPELLANT PAN:AACCM8043J VS. ASST. COMMISSIONER OF INCOME - TAX, CENTRAL CIRCLE 2( 3 ), BANGALORE. RESPONDENT APPELLANT BY: SHRI B.K.MANJUNA TH, CA. RESPONDENT BY: SHRI C.H.SUNDAR RAO, CIT(DR) . DATE OF HEARING : 06 /01/2015. DATE OF PRONOUNCEMENT: 06 / 0 1 / 2015 . O R D E R PER SMT. P.MADHAVI DEVI, JM : THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE CIT(A) - VI, BANGAL ORE, DATED 21/ 04 /201 0 CONFIRMING THE PENALTY LEVIED BY THE ASSESSING OFFICER (AO) U/S 271(1)(C) OF THE INCOME - TAX ACT, 1961[HEREINAFTER REFERRED TO AS 'THE ACT'] FOR THE ASSESSMENT YEAR 200 3 - 0 4. ITA NO . 810 BANG/201 0 M/S. SHAW WALLACE DISTILLERIES LTD. PAGE 2 OF 3 2. AT THE TIME OF HEARING, THE LEARNED COUNSEL FOR THE AS SESSEE SUBMITTED THAT THE AO HAS LEVIED THE PENALTY ON ACCOUNT OF : (I) DISALLOWANCE OF WRITE OFF OF IRRECOVERABL E DEBT/ADVANCE OF RS.5,22,000/ - ; (II) DISALLOWANCE OF CLAIM IN RESPECT OF EXCISE TRANSPORT FEES OF RS.1,37,06,961/ - AND (III) DISALLOWANCE O F TDS PAYMENT MADE ON BEHALF OF SALES PROMOTER OF RS.2,28,95,853/ - . THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE APPEAL AGAINST THE CONSEQUENTIAL ADDITION S TRAVELLED UP TO THE TRIBUNAL AND THE TRIBUNAL HAD DECIDED THE ISSUES IN FAVOUR OF THE ASSESSEE AND THE ADDITIONS HAVE THUS BEEN DELETED. HE, THEREFORE, SUBMITTED THAT THE PENALTY ORDER DOES NOT HAVE ANY BASIS TO STAND. THE LEARNED COUNSEL FOR THE ASSESSEE HAS ALSO FILED A COPY OF THE ORDER OF THE TRIBUNAL WHEREIN THE AD D ITIONS HAVE BEEN D ELETED. 3. HAVING REGARD TO THE RIVAL CONTENTIONS AND THE MATERIAL ON RECORD AND THE DECISION OF THE CO - ORDINATE BENCH OF THE TRIBUNAL, WE FIND THAT THE ADDITIONS HAVE BEEN DELETED BY THE TRIBUNAL. SINCE THE VERY BASIS FOR THE LEVY OF PENALTY HA S BEEN DELETED BY THE TRIBUNAL, WE AGREE WITH THE CONTENTIONS OF THE LEARNED COUNSEL FOR THE ASSESSEE THAT THE PENALTY ORDER DOES NOT HAVE LEGS TO STAND. IN VIEW OF THE SAME, THE PENALTY ORDER IS SET ASIDE. ITA NO . 810 BANG/201 0 M/S. SHAW WALLACE DISTILLERIES LTD. PAGE 3 OF 3 4. IN THE RESULT, THE ASSESSEE S APPEA L IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON 06 TH OF JANUARY , 201 5 . SD/ - SD/ - ( ABRAHAM P GEORGE ) ( SMT. P.MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBER EKSRINIV ASULU COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME - TAX APPELLATE T RIBUNAL BANGALORE
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