Meghmani Dyes & Intermediates Ltd.,, Ahmedabad v. The ACIT.,Cent,Circle-1(1),, Ahmedabad

CO 282/AHD/2011 | 2005-2006
Pronouncement Date: 27-02-2012 | Result: Dismissed

Appeal Details

RSA Number 28220523 RSA 2011
Assessee PAN AABCM6639D
Bench Ahmedabad
Appeal Number CO 282/AHD/2011
Duration Of Justice 2 month(s) 1 day(s)
Appellant Meghmani Dyes & Intermediates Ltd.,, Ahmedabad
Respondent The ACIT.,Cent,Circle-1(1),, Ahmedabad
Appeal Type Cross Objection
Pronouncement Date 27-02-2012
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 27-02-2012
Assessment Year 2005-2006
Appeal Filed On 26-12-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH AHMEDABAD BEFORE SHRI A. K. GARODIA ACCOUNTANT MEMBER AND SHRI KUL BHARAT JUDICIAL MEMBER I.T.(SS). NO.568 & 569 / AHD/2011 (ASSESSMENT YEAR 2005-06) ACIT CENTRAL CIRCLE 1(1) AHMEDABAD VS. MEGHMANI DYES & INTERMEDIATES LTD. 27 PHASE I GIDC VATVA AHMEDABAD C.O. NOS.282 & 283/AHD/2011 (ASSESSMENT YEAR 2005-06) MEGHMANI DYES & INTERMEDIATES LTD. VS. ACIT CC-1 (1) 27 PHASE I GIDC VATVA AHMEDABAD AHMEDABAD PAN/GIR NO. : AABCM6639D (APPELLANT) .. (RESPONDENT) APPELLANT BY: SHRI VINOD TANWANI SR. DR RESPONDENT BY: AHRI P M MEHTA AR DATE OF HEARING: 27.02.2012 DATE OF PRONOUNCEMENT: 27.02.2012 O R D E R PER SHRI A. K. GARODIA AM:- THESE ARE CROSS APPEALS BY THE REVENUE AND THE ASS ESSEE AGAINST SEPARATE ORDERS BOTH DATED 26.08.2011 OF CIT(A) I AHMEDABAD FOR THE ASSESSMENT YEAR 2005-06. THE GROUND RAISED BY THE REVENUE IS AGAINST DELETION OF PENALTY U/S 271(1)(C) OF THE ACT OF RS. 39 76 304/- IN IT(SS) I.T.(SS).NOS. 568 569 /AHD/2011 C.O.NO.282 & 283/AHD/2011 2 NO.568/AHD/2011 AND RS.50 58 241/- IN IT(SS) NO.569 /AHD/2011. THE ASSESSEE FILED CROSS OBJECTION AGAINST BOTH THE APP EALS. 2. LD. D.R. OF THE REVENUE SUPPORTED THE ASSESSMENT ORDER WHEREAS THE LD. A.R. OF THE ASSESSEE SUPPORTED THE ORDER OF LD. CIT(A) . HE ALSO SUBMITTED THAT IN THE QUANTUM PROCEEDINGS THE TRIB UNAL HAS DELETED THOSE ADDITIONS ON WHICH PENALTY WAS IMPOSED IN BOTH THE CASES. HE SUBMITTED A COPY OF THIS COMBINED TRIBUNAL ORDER IN I.T.A.NO. 893 & 894/AHD/2009 DATED 13.01.2012. LD. D.R. OF THE REVENUE HAS ALSO AGREED THAT QUANTUM ADDITION HAS BEEN DELETED AS PER THESE TRIBUNAL ORD ERS. 3. WE HAVE HEARD RIVAL SUBMISSIONS AND IN VIEW OF T HIS FACT THAT QUANTUM ADDITION HAS BEEN DELETED BY THE TRIBUNAL PENALTY CANNOT SURVIVE AND HENCE WE DO NOT FIND ANY REASON TO INTERFERE I N THE ORDER OF LD. CIT(A) IN BOTH THE CASES. 4. SINCE THE LD. A.R. DID NOT PRESS THE CROSS OBJEC TIONS THE SAME ARE DISMISSED AS NOT PRESSED. 5. IN THE RESULT BOTH THE APPEALS OF THE REVENUE A ND CROSS OBJECTIONS OF THE ASSESSEE ARE DISMISSED. 6. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED HEREINABOVE. SD./- SD./- (KUL BHARAT) (A. K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER SP COPY OF THE ORDER FORWARDED TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE LD. CIT (APPEALS) 5. THE DR AHMEDABAD BY ORDER 6. THE GUARD FILE AR ITAT AHMEDABAD I.T.(SS).NOS. 568 569 /AHD/2011 C.O.NO.282 & 283/AHD/2011 3 1. DATE OF DICTATION 27/02/2012 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 27/2.OTHER MEMBER 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR. P .S./P.S. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 27/02/2012 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. P.S./P.S.27/2+ 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 27/02/2012 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK .. 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER . 9. DATE OF DESPATCH OF THE ORDER. .