ITO WD 2(3), V. DREAM HOUSE REALTORS,

MA 248/MUM/2015

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4336 (ITAT-MUMBAI)
• Duration Of Justice: 6 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-05-2016
• Appeal Filed By: Department
• Bench Allotted: D
• Assessment Year: 2004-2005
• Appeal Filed On: 26-10-2015
• Court: TRIBUNAL
• Department Lawyers: SUMIT KUMAR

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D , BENCH MUMBAI BEFORE SHRI R. C. SHARMA , A M & SHRI SAKTIJIT DEY , J M MISCELLANEOUS APPLICATION NO S . 248 / MUM/20 1 5 (ARISING OUT OF ITA NO . 3 5 /MUM/ 201 3 ) ( / ASSESSMENT YEAR : 20 0 4 - 20 05 ) INCOME TAX OFFICER, WARD - 2(3), THANE - 400604 VS. M/S DREAM HOUSE REALTORS, SHOP NO.7 , NEEL AKASH GANGA, GROUND FLOOR, LAXMI PARK, NAYA NAGAR, MIRA ROAD (E), THANE - 400107 ./ ./ PAN/GIR NO. : A ADFD 9736 B /REVENUE BY : SHRI SUMIT KUMAR /ASSESSEE BY : NONE / DATE OF HEARING : 15 /0 4 /2016 / DATE OF PRONOUNCEMENT : 13/05 / 2016 / O R D E R PER R.C.SHARMA ( A .M.) : THIS MISCELLANEOUS APPLICATION FILED BY THE REVENUE AROSE OUT OF ITA NO. 35 /MUM/201 3 , FOR RECALLING OF THE ORDER OF THE TRIBUNAL DATED 27 - 4 - 15 AND FOR SETTING ASIDE TO CIT(A) . 2. SINCE NONE APPEARED ON BEHALF OF THE ASSESSEE, THEREFORE , WE PROCEED TO DISPOSE OFF THIS MISCELLANEOUS APPLICATION AFTER CONSIDERING THE SUBMISSION OF LD. DR. 3. IT WAS CONTENDED BY LD. DR THAT APPEAL OF THE REVENUE WITH REGARD TO DELETION OF PENALTY U/S.271(1)(C) WAS DISMISSED ON THE PLEA THAT QUANTUM APPEAL HAS BEEN ALLOWED IN FAVOUR OF THE ASSESSEE. AS PER LD. DR QUANTUM APPEAL WAS NOT ALLOWED BUT SET ASIDE TO THE FILE OF CIT(A) VIDE ORDER OF THE TRIBUNAL DATED 20 - 4 - 2012. 4. WE HAVE CONSIDERED THE CONTENTION OF LD. DR AND FOUND THAT THE APPEAL OF THE REVENUE FOR DELETING PENALTY U/S.271(1)(C) OF THE ACT WAS M A NO. 248 /15 2 DISMISSED BY THE TRIBUNAL VIDE ORDER DATED 27 - 4 - 2015 ON THE PLEA THAT QUANTUM ORDER HAS ALREADY BEEN SET ASIDE TO THE FILE OF CIT(A) VIDE ORDER DATED 20 - 4 - 2012. SINCE THE QUANTUM HAS NOT BEEN DELETED BUT S ET ASIDE, THE CORRECT CONCLUSION SHOULD BE THAT PENALTY ORDER IS RESTORED TO THE FILE OF CIT(A) FOR DECIDING AFRESH AFTER DECIDING THE QUANTUM APPEAL SO RESTORED BY THE TRIBUNAL TO CIT(A) VIDE ORDER DATED 20 - 4 - 2012. 5 . IN THE RESULT, MISCELLANEOUS APPLICA TION S OF THE REVENUE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 13/05 / 201 6 SD/ - SD/ - SAKTIJIT DEY R.C.SHARMA JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI ; DATED 13/05 /201 6 . . /PKM , . / PS / COPY OF THE ORDER FORWARDED TO : / BY ORDER, ( ASSTT. REGISTRAR) , / ITAT, MUMBAI 1. / THE APPELLANT 2. / THE RESPONDEN T. 3. ( ) / THE CIT(A), MUMBAI. 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. //TRUE COPY//