INCOME TAX OFFICER-9(3)(3), MUMBAI V. FLAT WORLD PROCESSES P.LTD, MUMBAI

MA 595/MUM/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1855 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 17 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-11-2020
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2011-2012
• Appeal Filed On: 20-11-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MANPREET SINGH DUGGAL
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT & SHRI M. BALAGANESH, ACCOUNTANT MEMBER MA NO. 595 /MUM/2019 ( ASSESSMENT YEAR: 2011-12 ) ITO -9(3)(3) RM NO. 471, 4 TH FLOOR, AAYAKARBHAVAN, MK ROAD, MUMBAI. / VS. FLAT WORLD PROCESSES P LTD., 301, LEVEL-3, CEEJAY HOUSE, F BLOCK, SHIV SAGAR ESTATE, DR A.B. ROAD, WORLI, MUMBAI 400018. ./ ./ PAN/GIR NO. : AABCF1464G ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI MANPREET SINGH DUGGAL, DR / RESPONDENT BY : SHRI J.P. BAIRAGRA, AR / DATE OF HEARING 06/11/2020 !'# / DATE OF PRONOUNCEMENT 06/11/2020 / O R D E R PER MAHAVIR SINGH - VP: BY WAY OF THIS MISCELLANEOUS APPLICATION THE REVE NUE HAS REQUESTED FOR RECALLING OF THE TRIBUNALS ORDER DATED 17.07.2017. MA NO. 595 /MUM/2019 FLAT WORLD PROCESSES P LTD., MUMBAI. - 2 - 2. LD. SR. DR POINTED OUT THAT THERE ARE DIVERGENT VIEWS OF HONBLE BOMBAY HIGH COURT IN THE CASE OF CIT VS. KAUSHALYA DEVI, 2016 ITR 660 (BOM), WHICH IS IN FAV OUR OF REVENUE AND ONE IN FAVOUR OF ASSESSEE IN THE CASE O F CIT VS. SAMSON PERINCHERY [2013] 392 ITR 4 (BOM). SHE STAT ED THAT ONCE A DECISION IN FAVOUR OF REVENUE IS ALSO A VAILABLE THE SAME SHOULD HAVE BEEN FOLLOWED. 3. ON THE OTHER HAND, THE LD. COUNSEL OF THE ASSESS EE STATED THAT THIS IS A HIGHLY DEBATABLE ISSUE AND AS ADMITTED BY THE REVENUE THAT THERE ARE TWO DIVERGENT VIEWS A VAILABLE, THE VIEW BENEFICIAL TO THE ASSESSEE IS TO BE FOLLOW ED. HE STATED THAT THE DECISION OF HONBLE BOMBAY HIGH COU RT IN THE CASE OF SAMSON PERINCHERY (SUPRA) COVERSS THE I SSUE IN FAVOUR OF THE ASSESSEE. 4. AFTER HEARING BOTH THE SIDES AND GOING THROUGH T HE FACTS WE NOTED THAT THE TRIBUNAL HAS DELETED THE PE NALTY LEVIED U/S 271(1)(C) OF THE ACT BY FOLLOWING THE DE CISION OF HONBLE BOMBAY HIGH COURT IN THE CASE OF SAMSON PERINCHERY (SUPRA). HENCE, WE FIND NO MISTAKE APPA RENT MA NO. 595 /MUM/2019 FLAT WORLD PROCESSES P LTD., MUMBAI. - 3 - FROM THE RECORD IN THE ORDER OF THE TRIBUNAL AND HE NCE WE DISMISS THE MISCELLANEOUS APPLICATION OF THE REVENU E. 5. IN THE RESULT, THE MA FILED BY THE REVENUE IS DI SMISSED ORDER PRONOUNCED IN THE OPEN COURT ON 06.11.2020 SD/- SD/- (M. BALAGANESH) (MAHA VIR SINGH ) ACCOUNTANT MEMBER VICE PRES IDENT MUMBAI, DATED 06/11/2020 KRK, PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. & '( ) / THE CIT(A) 4. ) ( ) / CONCERNED CIT 5. ,-. //'( , '(# , & / DR, ITAT, MUMBAI 6. .34 5 / GUARD FILE. / BY ORDER, , / //TRUE COPY// 1. / ( ASST. REGISTRAR) !' #, / ITAT, MUMBAI