Shri Shailesh R.Daxini, Ahmedabad V. The ACIT.,Cent.Circle-1(1), Ahmedabad

ITSSA 277/AHD/2013

• Counselvise Citation: [2016] 122 COUNSELVISE.COM (IT) 2324 (ITAT-AHMEDABAD)
• Duration Of Justice: 3 year(s) 1 month(s) 10 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 26-08-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 26-08-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 16-07-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRASOON KABRA HEARING CONCLUDE

Judgement Text

IT(SS) A NOS. 275, 276 & 277 /AHD/201 3 ASSESSMENT YEARS: 2005 - 06, 2 006 - 07 & 2008 - 09 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR AM AND MAHAVIR PRASAD JM] IT(SS)A NOS. 275 , 276 & 277 /AHD/201 3 ASSESSMENT YEAR S: 2005 - 06, 2006 - 07 & 20 0 8 - 09 SHAILESH R. DAXINI ............APPELLANT 401, SWAGA T COMPLEX, NEAR LAL BUNGALOW CG ROAD, AHMEDABAD [A FQPD 9520 F ] VS A.C.I.T. CENTRAL CIRCLE 1(1), AHMEDABAD ...........RESPONDENT APPEARANCES BY PARIN SHAH FOR THE APPELLANT PRASOON KABRA FOR THE RESPONDENT HEARING CONCLUDED ON: 26 /0 8 /16 ORDER PRON OUNCED ON : 26 /08/16 O R D E R PER PRAMOD KUMAR , AM: TH ESE ARE APPEAL S FILED BY THE ASSESSEE APPELLANT AGAINST THE ORDER S OF LD. CIT(A), CONFIRMING PENALTIES IMPOSED FOR THE ASSESSMENT YEAR S 2005 - 06, 2006 - 07 & 2008 - 09 . 2. WHEN THESE APPEALS WERE CALLED OUT, LEARNED COUN SEL FOR THE ASSESSEE INVITED OUR ATTENTION TO THE ORDER DATED 22.04.2016 WHEREBY RELATED QUANTUM ADDITION STAND DELETED. IN T HIS VIEW OF THE MATTER , ACCORDING TO THE COUNSEL, PENALTY MUST STAND DELETED . IT(SS) A NOS. 275, 276 & 277 /AHD/201 3 ASSESSMENT YEARS: 2005 - 06, 2 006 - 07 & 2008 - 09 PAGE 2 OF 2 3. L EARNED DEPARTMENTA L REPRESENTATIVE DID NOT HAVE MUCH TO SAY BUT HE PLACED HIS RELIANCE ON THE ORDERS OF THE AUTHORITIES BELOW. 4. IN VIEW OF THE FACT THAT THE RELATED QUANTUM ADDITION ITSELF STAND DELETED, THE VERY BASIS OF THE IMPUGNED PENALTY CEA S E S TO HAVE ANY LEGALLY SU STAINABLE BASIS. A CCORDINGLY , PENALTIES IMPOSED STAND DELETED. WE , THEREFORE , DELETE THE IMPUGNED PENALTIES FOR ASSESSMENT YEARS 2005 - 06, 2006 - 07 AND 2008 - 09 . 5 . IN THE RESULT, APPEAL S FILED BY THE ASSESSEE ARE ALLOWED . PRONOUNCED IN THE OPEN COUR T TODA Y ON THE 26 TH DAY OF AUGUST, 2016. SD/ - SD/ - MAHAVIR PRASAD PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) DATED: 26 TH DAY OF AUGUST ,2016 . COPIES TO : (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD