M/s Thukral Regal Shoes, Chandigarh v. ACIT, Chandigarh

CO 27/CHANDI/2013 | 2007-2008
Pronouncement Date: 30-04-2015 | Result: Dismissed

Appeal Details

RSA Number 2721523 RSA 2013
Assessee PAN AAAFT5204F
Bench Chandigarh
Appeal Number CO 27/CHANDI/2013
Duration Of Justice 1 year(s) 7 month(s) 12 day(s)
Appellant M/s Thukral Regal Shoes, Chandigarh
Respondent ACIT, Chandigarh
Appeal Type Cross Objection
Pronouncement Date 30-04-2015
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 30-04-2015
Date Of Final Hearing 29-04-2015
Next Hearing Date 29-04-2015
Assessment Year 2007-2008
Appeal Filed On 17-09-2013
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCH A CHANDIGARH BEFORE SHRI BHAVNESH SAINI JUDICIAL MEMBER AND SHRI T.R.SOOD ACCOUNTANT MEMBER ITA NO. 773/CHD/2013 ASSESSMENT YEAR: 2007-08 THE ACIT VS M/S THUKRAL REGAL SHOES CIRCLE 2 (1) SCO 88 SECTOR 17D CHANDIGARH. CHANDIGARH. PAN: AAAFT5204F & CO 27/CHD/2013 IN ITA NO. 773/CHD/2013 ASSESSMENT YEAR: 2007-08 M/S THUKRAL REGAL SHOES VS THE ACIT SCO 88 SECTOR 17D CIRCLE 2(1) CHANDIGARH. CHANDIGARH. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI GURJIT SINGH RESPONDENT BY : SHRI S.K.MITTAL DATE OF HEARING : 29.04.2015 DATE OF PRONOUNCEMENT : 30.04.2015 O R D E R PER BHAVNESH SAINI JM THE DEPARTMENTAL APPEAL AND CROSS OBJECTION BY ASS ESSEE ARE DIRECTED AGAINST THE ORDER OF LD. CIT(APPEALS) CHANDIGARH DATED 08.04.2013 FOR ASSESSMENT YEAR 2007-08. 2. THE LD. CIT(APPEALS) NOTED THAT PENALTY WAS IMPO SED ON DISALLOWANCE OF THE INTEREST. THE LD. CIT(APPEALS) FURTHER NOTED THAT QUANTUM ADDITION HAS BEEN DELETED BY THE TRIBU NAL VIDE ORDER DATED 27.04.2012 IN ITA 650/CHD/2011. THE LD . 2 CIT(APPEALS) THEREFORE NOTED THAT SINCE QUANTUM A DDITION HAS BEEN DELETED PENALTY IS NOT LEVIABLE AND ACCORDING LY ALLOWED THE APPEAL OF THE ASSESSEE. 3. WE HAVE HEARD LD. DR AND THE ASSESSEE IN PERSON. THE DEPARTMENTAL APPEAL HAS NO MERIT BECAUSE ONCE QUANT UM ADDITION HAS BEEN DELETED BY THE TRIBUNAL NOTHING SURVIVES IN FAVOUR OF THE REVENUE FOR LEVY OF PENALTY AGAINST T HE ASSESSEE. 4. THE ASSESSEE IN THE CROSS OBJECTION PRAYED THAT APPEAL OF THE DEPARTMENT MAY BE DISMISSED. IT IS ALSO TIME B ARRED. SINCE DEPARTMENTAL APPEAL IS DISMISSED THEREFORE THE CR OSS OBJECTION OF THE ASSESSEE STANDS INFRUCTUOUS AND NO FURTHER I NTERFERENCE IS CALLED FOR IN THE MATTER. 5. IN VIEW OF THE ABOVE DISCUSSION THE DEPARTMENTA L APPEAL AND CROSS OBJECTION OF THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 30 TH APRIL 2015. SD/- SD/- (T.R.SOOD) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 30 TH APRIL 2015. POONAM COPY TO: THE APPELLANT THE RESPONDENT THE CIT(A) THE CIT DR ASSISTANT REGISTRAR ITAT CHANDIGARH