M/S AANGAN PROPERTIES PVT LTD., MUMBAI V. ITO 12(1)91), MUMBAI

ITA 906/MUM/2020

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 3570 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-10-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2011-2012
• Appeal Filed On: 04-02-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BRAJENDRA KUMAR
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A MUMBAI BEFORE SHRI S. RIFAUR RAHMAN (ACCOUNTANT MEMBER) AND SHRI RAVISH SOOD (JUDICIAL MEMBER) ITA NO. 906/MUM/2020 ASSESSMENT YEAR: 2011-12 M/S AANGAN PROPERTIES PRIVATE LIMITED., C/62, VIBGYOR TOWERS, 9 TH FLOOR, BANDRA KURLA COMPLEX, BANDRA EAST, MUMBAI-400051. VS. THE ITO-12(1)(1), ROOM NO. 226, 2 ND FLOOR, AAYAKAR BHAVAN, M.K. ROAD, MUMBAI-400020. PAN NO. AAACA 6921 D APPELLANT RESPONDENT ASSESSEE BY : MR. HITESH TRIVEDI, AR REVENUE BY : MR. BRAJENDRA KUMAR, DR DATE OF HEARING : 25/08/2021 DATE OF PRONOUNCEMENT : 14/10/2021 ORDER PER S. RIFAUR RAHMAN, A.M. THE PRESENT APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS)-20, MUMBAI [IN SHORT CIT(A)] FOR THE ASSESSMENT YEAR 2011-12 DATED 24.10.2019 AND ARISES OUT OF LEVIED PENALTY U/S 271(1)(C) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). 2. AT THE OUTSET, IT IS BROUGHT TO OUR NOTICE THAT THE PRESENT APPEAL RELATES TO PENALTY LEVIED U/S 271(1)(C) OF THE ACT IN WHICH THE ASSESSING OFFICER LEVIED THE PENALTY U/S 271(1)(C) OF THE ACT TO THE EXTENT OF 12,34,733/- AND THE SAME WAS SUSTAINED BY CIT(A)-20, MUMBAI. IT IS BROUGHT TO OUR NOTICE THAT ITAT IN ITS ORDER M/S AANGAN PROPERTIES PRIVATE LIMITED ITA NO. 906/M/2020 2 IN ITA NO. 3613/M/2017 DATED 07.12.2018 DELETED THE QUANTUM ADDITION MADE BY THE ASSESSING OFFICER. THE RELEVANT ORDER IS PLACED AT PAGE NO. 53 OF THE PAPER BOOK. AFTER CONSIDERING THE ORDER OF THE CO-ORDINATE BENCH IN QUANTUM IN WHICH THE ADDITION WAS DELETED AND DECIDED THE ISSUE IN FAVOUR OF THE ASSESSEE. ON THE SAME ADDITION, THE ASSESSING OFFICER LEVIED THE PENALTY U/S 271(1)(C) OF THE ACT. 3. SINCE THE PENALTY LEVIED BY THE ASSESSING OFFICER BECOMES INFRUCTUOUS, SUBSEQUENT TO DELETION OF THE QUANTUM OF ADDITION. THEREFORE, WE ARE INCLINED TO DELETE THE ADDITION MADE BY THE ASSESSING OFFICER BY ALLOWING THE GROUNDS RAISED BY THE ASSESSEE. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 14/10/2021. SD/- SD/- (RAVISH SOOD) ( S. RIFAUR RAHMAN ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; DATED: 14/10/2021 RAHUL SHARMA, SR. P.S. COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A)- 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSISTANT REGISTRAR) ITAT, MUMBAI