ACIT CC 39, MUMBAI V. ARPIT LAND P.LTD, MUMBAI

ITA 971/MUM/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 3303 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 1 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 03-02-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 11-02-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GULSHAN RAJ
• Assessee Lawyers: RAMESH JAIN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A, MUMBAI BEFORE SHRI G.S.PANNU, ACCOUNTANT MEMBER AND SHRI JOGINDER SINGH, JUDICIAL MEMBER ITA NO. 971/MUM/2014 (ASSESSMENT YEAR : 2009-10) THE ACIT, CEN.CIR.6(4), R.NO.32(1), GROUND FLOOR, AAYKAR BHAVAN, MK ROAD, MUMBAI 400 020 ... APPELLANT VS. M/S. ARPIT LAND P. LTD., DN 416, SECOND FLOOR, PLOT NO.6, SECTOR 11, DRONAGIRI 400 702 PAN:AAGCA 5154J .... RESPONDENT APPELLANT BY : SHRI GULSHAN RAJ RESPONDENT BY : SHRI RAMESH JAIN DATE OF HEARING : 03/02/2016 DATE OF PRONOUNCEMENT : 16/03/2016 ORDER PER G.S. PANNU,AM: THE CAPTIONED APPEAL BY THE ASSESSEE IS DIRECTED A GAINST THE ORDER OF CIT(A)-39, MUMBAI DATED 27/11/2013, WHICH IN TURN HAS ARISEN FROM THE ORDER PASSED BY THE DCIT-39 DATED 12/02/ 2013 UNDER SECTION 271AAA OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT), PERTAINING TO THE ASSESSMENT YEAR 2009-10. 2 ITA NO. 971/MUM/2014 (ASSESSMENT YEAR : 2009-10) 2. IN THIS APPEAL, THE GRIEVANCE OF THE REVENUE IS WITH RESPECT TO THE DECISION OF THE CIT(APPEALS) IN DELETING PENAL TY LEVIED UNDER SECTION 271AAA OF THE ACT AMOUNTING TO RS.27,95,800 /-. 3. AT THE TIME OF HEARING, THE LD. REPRESENTATIVE FOR THE RESPONDENT ASSESSEE POINTED OUT THAT THE CIT(APPEAL S) HAS DELETED THE PENALTY FOR THE REASON THAT THE CORRESPONDING ADDI TION MADE IN THE QUANTUM PROCEEDINGS HAS SINCE BEEN DELETED BY THE T RIBUNAL VIDE ITS ORDER IN ITA NO.8177/MUM/2011 & OTHERS DATED 22/3/2 013. A COPY OF THE SAID ORDER HAS BEEN PLACED ON RECORD AND IT I S FURTHER ASSERTED THAT THE ORDER OF THE TRIBUNAL CONTINUES TO HOLD THE FIELD AS IT HAS NOT BEEN ALTERED BY ANY HIGHER AUTHORITY. THE SAID FACTUAL MATRIX HAS NOT BEEN CONTROVERTED BY LD. DEPARTMENTAL REPRESENTATIVE FOR THE REVENUE . 4. AS A CONSEQUENCE OF THE AFORESAID FACT-SITUATION , WE FIND NO ERROR ON THE PART OF THE CIT(APPEALS) IN DELETING THE PEN ALTY UNDER SECTION 271AAA OF THE ACT FOR THE REASON THAT CORRESPONDING ADDITION MADE IN THE QUANTUM ASSESSMENT PROCEEDINGS HAS ALREADY BEEN DELETED. OSTENSIBLY, IN SUCH A SITUATION, THE PENALTY LEVIED UNDER SECTION 271AAA OF THE ACT DOES NOT SURVIVE AND HAS BEEN RIGHTLY DE LETED BY THE CIT(APPEALS). 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16/03/2016 SD/- SD/- (JOGINDER SINGH) (G.S. PANNU) JUDICIAL MEMBER ACCOUNTANT ME MBER MUMBAI, DATED 16/03/2016 VM , SR. PS 3 ITA NO. 971/MUM/2014 (ASSESSMENT YEAR : 2009-10) 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./ASSTT. REGISTRAR) ITAT, MUMBAI