Deputy Commissioner of Income-tax, Circle - 8, Pune V. Eaton Fluid Power Limited, Pune

ITA 84/PUN/2021

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 1473 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 4 month(s) 30 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 29-03-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NAVEEN GUPTA
• Assessee Lawyers: SUMISHA
• Section: 271(1)(c)

Judgement Text

आयकर अपीलीय अिधकरण “ए” Ɋायपीठ पुणे मŐ। IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, PUNE BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER आयकर अपीलसं. / ITA No.84/PUN/2021 िनधाᭅरणवषᭅ / Assessment Year : 2012-13 The DCIT, Circle-8, Pune. Vs . M/s.Eaton Fluid Power Ltd., 145, Off Mumbai Pune Road, Pimpri, Pune – 411018. PAN: AAACV 8426 E Appellant/ Assessee Respondent /Revenue Assessee by Ms. Sumisha – AR Revenue by Shri Naveen Gupta – DR Date of hearing 11/08/2022 Date of pronouncement 29/08/2022 आदेश/ ORDER Per S.S.Godara, JM: This Revenue’s appeal for Assessment Year 2012-13 is directed against the Commissioner of Income Tax(Appeals)-6, Pune’s order dated 03.03.2020 passed in appeal no.PN/CIT(A)- 6/DCIT, Circle-8, Pune/10099/2017-18 in proceedings u/s.271(1)(c) of the Income Tax Act, 1961 [in short “the Act”]. Heard both the parties. Case file perused. 2. Delay of 329 days in filing of the instant appeal instituted on 30.03.2021 at the Revenue’s behest is condoned since falling in Covid-19 pandemic outbreak period. 3. Coming to merits of the Revenue’s sole substantive grievance raised herein that the CIT(A) has erred in law and on facts in ITA No.84/PUN/2021 for A.Y. 2012-13 (R) M/s. Eaton Fluid Power Ltd., 2 reversing the Assessing Officer’s action levying section 271(1)(c) penalty of Rs.2,39,77,900/-, we note at the outset that the same pertains to quantum addition of arms length price adjustment involving a sum of Rs.7,39,03,220/- in the nature of “corporate service charges” compounding quantum. The Revenue is very much fair in its first and foremost ground itself that this tribunal’s co- ordinate bench’s order in ITA No.804/PUN/2017 dated 19.02.2020 has deleted the same in assessee’s appeal. Meaning thereby that the impugned penalty has no legs to stand as on date in light of this clinching factual position. 4. Faced with this situation, we conclude that the CIT(A) has rightly deleted the impugned penalty in light of the foregoing quantum developments. The Revenue’s instant sole substantive ground stands rejected therefore. 5. This Revenue’s appeal is dismissed. Order pronounced in the open Court on 29 th August, 2022. Sd/- Sd/- (DR. DIPAK P. RIPOTE (S.S.GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER पुणे / Pune; ᳰदनांक / Dated : 29 th Aug, 2022/ SGR* ITA No.84/PUN/2021 for A.Y. 2012-13 (R) M/s. Eaton Fluid Power Ltd., 3 आदेशकᳱᮧितिलिपअᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The CIT(A), concerned. 4. The Pr. CIT, concerned. 5. िवभागीयᮧितिनिध, आयकर अपीलीय अिधकरण, “ए” बᱶच, पुणे / DR, ITAT, “A” Bench, Pune. 6. गाडᭅफ़ाइल / Guard File. आदेशानुसार / BY ORDER, // TRUE COPY // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे/ITAT, Pune.