The ITO, Ward-3(4), Petlad V. The Shree Jalaram Finance, Borsad

MA 245/AHD/2009

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4598 (ITAT-AHMEDABAD)
• Duration Of Justice: 8 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-04-2010
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2000-2001
• Appeal Filed On: 22-07-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M C
• Assessee Lawyers: S N SOPARKAR

Judgement Text

IN THE INCOME TAX APPELLLATE TRIBUNAL AHMEDABAD BENCHES B, AHMEDABAD BEFORE S/ SHRI MAHAVIR SINGH , JUDICIAL MEMBER, & SH RI D.C.AGARWAL , ACCOUNTANT MEMBER M.A.NO.245 & 426/AHD/2009 (ARISING OUT ITA NO.3036/AHD/2008 ASSESSMENT YEAR: 2000-01 DATE OF HEARING: 9.4.10 DRAFTED: 9.4.10 INCOME TAX OFFICER, WARD-3(4), PETLAD SHREE JALARAM FINANCE, 7, MANILAL MANSION, NR. STATE BANK OF INDIA, BORSAD PAN NO.AAJE5230P VS. VS. SHREE JALARAM FINANE, 7, MANILAL MANSION, NR. STATE BANK OF INDIA, BORSAD JT. CIT, RANGE-3, BARODA (APPELLANT) (RESPONDENT) (ORIGINAL APPELLANT) (ORIGINAL RESPONDENT) ASSESSEE BY : SHRI S.N.SOPARKAR & URVASHI SHODH AN AR REVENUE BY : SHRI M.C. PANDIT, SR-DR ORDER PER MAHAVIR SINGH, J.M. BY WAY OF THESE CROSS MISCELLANEOUS APPLICATION (MA ), BOTH REVENUE & ASSESSEE HAS REQUESTED FOR RE-CALLING THE ORDER IN ITA NO.3036/AHD/2009 DATED 16-11-2007 QUA ONLY ONE GROUND. 2. THE ONLY COMMON ISSUE IN THESE MA OF REVENUE AND THAT OF ASSESSEE IS AGAINST THE NON-DISPOSAL OF GROUND NO.1 OF THE ASSESSEES APPEAL IN ITA NO.3036/AHD/2004 AND THE RELEVANT GROUND READS AS UNDER:- 1. THE LD. CIT (APPEALS)-I, BARODA HAS ERRED IN LA W AND IN FACTS IN CONFIRMING THE LEVY OF PENALTY U/S. 271E TO AN EXTE NT OF RS.1,07,81,778 OUT OF RS.1,15,92,222 IMPOSED BY THE LD. JCIT RANGE-3, BARODA IN DISREGARD OF THE FACT AND THE LAW. THE PENALTY OF RS.1,07,81, 776 CONFIRMED IS PRAYED TO BE CANCELLED. 2 3. AFTER GOING THROUGH THE TRIBUNALS ORDER, WE FIN D THAT THE FIRST GROUND AGAINST THE CONFIRMATION OF LEVY OF PENALTY U/S.271 E OF THE INCOME-TAX ACT, 1961 HAS NOT BEEN ADJUDICATED BY THE TRIBUNAL. THIS BEIN G A MISTAKE APPARENT FROM THE TRIBUNALS ORDER AND WE RE-CALL THE ORDER QUA GROUND NO.1 OF THE ASSESSEES APPEAL AND REGISTRY IS DIRECTED TO FIX THE APPEAL I N DUE COURSE. THE COMMON ISSUE IN BOTH THE REVENUE AND ASSESSEES MA IS ALLO WED. 4. IN THE RESULT, REVENUES MA AND THAT OF ASSESSEES MA ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 09/04/2010. SD/- SD/- ( D.C.AGARWAL ) ( MAHAVIR SINGH ) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE: AHMEDABAD. DATE : 09/04/2010 DKP* COPY OF THE ORDER FORWARDED TO :- 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A)-I, BARODA 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE (IN DUPLICATE) BY ORDER, /TRUE COPY/ DR / AR, ITAT, AHMEDABAD