Shreeji Prints Pvt.Ltd., Surat V. The ACIT.,Cent.Circle-2, Surat

ITSSA 559/AHD/2012

• Counselvise Citation: [2013] 121 COUNSELVISE.COM (IT) 9100 (ITAT-AHMEDABAD)
• Duration Of Justice: 5 month(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 12-04-2013
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 09-04-2013
• Assessment Year: 2006-2007
• Appeal Filed On: 12-11-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: D K SINGH
• Assessee Lawyers: RASESH SHAH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH AHMEDABAD BEFORE SHRI MUKUL KR. SHRAWAT , JUDICIAL MEMBER AND SHRI T.R. MEENA, ACCOUNTANT MEMBER IT(SS)A NOS. 557, 558 & 559/AHD/2012 ASSESSMENT YEARS : 2004-05, 2005-06 & 2006-07 RESPECTIVELY SHREEJI PRINTS P. LTD. 412-A, GIDC PANDESARA, SURAT - 395001 V/S . ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2, SURAT. PAN NO. A A DCS1502M (APPELLANT) .. (RESPONDENT) BY APPELLANT SHRI RASESH SHAH, A.R. /BY RESPONDENT SHRI D. K. SINGH, SR. D.R. /DATE OF HEARING 09.04.2013 /DATE OF PRONOUNCEMENT 12.04.2013 O R D E R PER BENCH THESE ARE THREE APPEALS FILED BY THE ASSESSEE, WHIC H HAVE EMANATED FROM THE ORDERS OF CIT(A)-II, AHMEDABAD, DATED 10/0 9/2012 FOR A.Y. 2004- 05, 2005-06 & 2006-07. THESE THREE APPEALS WERE HE ARD TOGETHER AND ARE BEING DISPOSED OF BY WAY OF THIS COMMON ORDER FOR T HE SAKE OF CONVENIENCE. THE SOLE GROUND IN ALL THREE YEARS IS PENALTY LEVIE D U/S. 271(1)(C). 2. THE A.O. LEVIED PENALTY VIDE ORDER DATED 29/03/2 011, FOR A.Y. 04-05 AT RS. 3,83,500/-, FOR A.Y. 05-06 AT RS.6,94,500/- & F OR A.Y. 06-07 AT RS.2,11,500/-, WHICH WAS CONFIRMED BY THE CIT(A) IN ALL THE YEARS. BUT, IN ITA NOS. 181, 182 & 183/AHD/2010 FOR ALL THREE YEARS I. E. AY. 04-05, 05-06 & 06- IT(SS)A NOS. 557 TO 559 /AHD/12 A.Y. 04-05, 05-06 & 06-07 PAGE 2 07, THE CO-ORDINATE D BENCH, AHMEDABAD, VIDE ORDE R DATED 28.02.2013 HAD DELETED THE QUANTUM ADDITION. WHEN QUANTUM ADDITIO N HAS BEEN DELETED, THE PENALTY PROCEEDING U/S. 271(1)(C) DOES NOT SURVIVE. THUS, IN ALL THE THREE YEARS, WE DELETE THE PENALTY, WHICH WAS CONFIRMED B Y THE CIT(A). 3. IN THE COMBINED RESULT, ASSESSEES APPEAL IS FUL LY ALLOWED IN ALL THREE YEARS. THESE ORDERS PRONOUNCED IN OPEN COURT ON 12.04.2013 SD/- SD/- ( MUKUL KR. SHRAWAT ) (T.R. MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER TRUE COPY S.K.SINHA ! ! ! ! '! '! '! '! / COPY OF ORDER FORWARDED TO:- 1. / APPELLANT 2. / RESPONDENT 3. '(' ) * / CONCERNED CIT 4. *- / CIT (A) 5. !./ ), ) , 12( / DR, ITAT, AHMEDABAD 6. /45 67 / GUARD FILE. BY ORDER/ , 8/ 1 ': ) , 12( ;