RAJIV NARESH GODIAWALA, MUMBAI V. INCOME TAX OFFICER , MUMBAI

ITA 893/MUM/2023

AI Insights

The case involves an appeal by Shri Rajiv Naresh Godiawala against a penalty imposed under section 271(1)(c) of the Income Tax Act for the assessment year 2011-12. The penalty was initially levied by the Assessing Officer and subsequently confirmed by the CIT(A). However, the quantum of addition on which the penalty was based was set aside to the file of the CIT(A) by the Tribunal in a previous order dated 30/05/2022. The Tribunal decided to set aside the impugned penalty as well, directing that it be re-evaluated in accordance with the decision on the quantum appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 302363 (ITAT-MUMBAI)
• Duration Of Justice: 3 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-06-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 07-06-2023
• Assessment Year: 2011-2012
• Appeal Filed On: 20-03-2023
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: KETAN RAMBHIYA
• Keywords: Set aside
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, ‘D‘ BENCH MUMBAI BEFORE: SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI GAGAN GOYAL, ACCOUNTANT MEMBER ITA No.893/Mum/2023 (Assessment Year :2011-12) Shri Rajiv Naresh Godiawala 701, Laxmi Niwas NS Road, No.5 Juhu Scheme Vile Parle West Mumbai- 400 056 Vs. Income Tax Officer National Faceless Assessment Centre Delhi PAN/GIR No.AACPG5086G (Appellant) .. (Respondent) Assessee by Shri Ketan Rambhiya Revenue by Smt. Riddhi Mishra Date of Hearing 08/06/2023 Date of Pronouncement 28/06/2023 आदेश / O R D E R PER AMIT SHUKLA (J.M): The aforesaid appeal has been filed by the assessee against the order dated 23/02/2023 passed by NFAC, Delhi in relation to the penalty proceedings u/s. 271(1)(C) for the A.Y.2011-12. 2. It has been stated before us that in the quantum appeal, the entire addition on which penalty has been set aside to the file of the CIT(A) by the Tribunal vide order dated 30/05/2022 ITA No.893/Mum/2023 Shri Rajiv Naresh Gadiawala 2 in ITA No. 236/Mum/2022 for deciding the issue afresh. Accordingly, the impugned penalty levied by the ld. AO and also confirmed by the ld. CIT (A) is set aside to the file of the ld. CIT(A) to be decided afresh after deciding the quantum appeal and in accordance with law. 3. In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced on 28 th June, 2023. Sd/- (GAGAN GOYAL) Sd/- (AMIT SHUKLA) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai; Dated 28/06/2023 KARUNA, sr.ps Copy of the Order forwarded to : BY ORDER, (Asstt. Registrar) ITAT, Mumbai 1. The Appellant 2. The Respondent. 3. CIT 4. DR, ITAT, Mumbai 5. Guard file. //True Copy//