M/s SML Isuzu Ltd., Chandigarh V. ACIT, Chandigarh

ITA 992/CHANDI/2013

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7518 (ITAT-CHANDIGARH)
• Duration Of Justice: 4 year(s) 8 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-07-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 17-10-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: JAGDEEP GOYAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH B, CHANDIGARH BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER AND MS.ANNAPURNA GUPTA, ACCOUNTANT MEMBER ITA NO.992/CHD/2013 (ASSESSMENT YEAR: 2006-07) M/S SML ISUZU LTD. VS. THE ACIT (FORMERLY KNOWS AS M/S CIRCLE 4(1) SWARAZ MAZDA LTD.) CHANDIGARH SCO 204-205, SECTOR 34-A CHANDIGARH PAN: AACCS2991P ITA NO.1025/CHD/2014 (ASSESSMENT YEAR: 2007-08) M/S SML ISUZU LTD. VS. THE ACIT (FORMERLY KNOWS AS M/S CIRCLE 4(1) SWARAZ MAZDA LTD.) CHANDIGARH SCO 204-205, SECTOR 34-A CHANDIGARH (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI. SACHIN JAIN DEPARTMENT BY : SHRI. JAGDEEP GOYAL DATE OF HEARING : 20/06/2018 DATE OF PRONOUNCEMENT : 11/07/2018 ORDER PER BENCH : BOTH THE ABOVE APPEALS HAVE BEEN FILED BY THE ASSES SEE AGAINST THE SEPARATE ORDERS OF THE LD. CIT(A) CHANDIGARH RELATI NG TO THE CONFIRMATION OF THE PENALTY LEVIED BY THE LOWER AUTHORITIES. 2. AT THE OUTSET THE LD. COUNSEL FOR THE ASSESEE HA S FURNISHED A COPY OF THE ORDER OF ITAT CHANDIGARH BENCH IN CASE OF M/S SWARA J MAZDA LTD. AND OTHERS DT. 14/05/2018 AND HAS FURTHER SUBMITTED THAT THE QUANT UM ADDITION IN RELATION TO WHICH THE IMPUGNED PENALTY WAS LEVIED BY THE LOWER AUTHORITIES STOOD DELETED. HE THEREFORE HAS SUBMITTED THAT THE CONSEQUENTIAL P ENALTY SHOULD ALSO BE DELETED. 2 3. LD. DR HAS ALSO COULD NOT REBUTTED TO THE ABOVE SUBMISSIONS OF THE LD. COUNSEL OF THE ASSESSEE. 4. SINCE THE QUANTUM ADDITION BASED ON WHICH THE IM PUGNED PENALTY HAS BEEN LEVIED HAS ALREADY BEEN DELETED BY THE TRIBUNA L IN CASE OF M/S SWARAJ MAZDA LTD. AND OTHERS (SUPRA). HENCE THE CONSEQUENT IAL PENALTY HAVING NO LEG TO STAND IS LIABLE TO BE SET ASIDE / DELETED. IN VI EW OF THIS THE IMPUGNED PENALTY LEVIED BY THE LOWER AUTHORITIES UNDER SECTION 271(1 )(C) OF THE INCOME TAX ACT, 1961 IS ORDERED TO BE DELETED. 5. AS A RESULT, BOTH THE APPEALS OF THE ASSESSEE AR E ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (ANNAPURNA GUPTA) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 11/07/2018 AG COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. THE CIT 5. THE DR