M/s. New Phaltan Sugar works ltd., Satara v. ACIT, Satara Cir.,, Satara

CO 54/PUN/2004 | 1991-1992
Pronouncement Date: 21-09-2011 | Result: Dismissed

Appeal Details

RSA Number 5424523 RSA 2004
Bench Pune
Appeal Number CO 54/PUN/2004
Duration Of Justice 6 year(s) 11 month(s) 10 day(s)
Appellant M/s. New Phaltan Sugar works ltd., Satara
Respondent ACIT, Satara Cir.,, Satara
Appeal Type Cross Objection
Pronouncement Date 21-09-2011
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 21-09-2011
Assessment Year 1991-1992
Appeal Filed On 11-10-2004
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B PUNE BEFORE SHRI I.C. SUDHIR JUDICIAL MEMBER AND SHRI G.S. PANNU ACCOUNTANT MEMBER C.O. NO 54/PN/04 (ARISING OUT OF ITA NO 1245/PN/03) (ASSTT. YEAR 1991-92) NEW PHALTAN SUAR WORKS LTD. .. CROSS O BJECTOR SAKHARWADI TAL. PHALTAN DIST. SANGLI VS. ASSTT. COMMISSIONER OF INCOME-TAX .. RESPONDENT SATARA CIR. SATARA CROSS OBJECTOR BY: NONE RESPONDENT BY : SHRI SANTOSH KUMAR DATE OF HEARING : 19.09.2011 DATE OF PRONOUNCEMENT : 21.09.2011 ORDER PER G.S. PANNU AM THIS CROSS OBJECTION BY THE ASSESSEE IS PREFERRED MERELY TO SUPPORT THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-II PUNE DATED 21.08.2003 CANCELLING THE PENALTY OF RS 17 50 343/- LEVIED BY THE ASSESSING OFFICER UNDER SECTION 271(1 )(C) OF THE INCOME-TAX ACT 1961 (IN SHORT THE ACT) PERTAINI NG TO THE ASSESSMENT YEAR 1991-92. 2. THE CONNECTED APPEAL FILED BY THE REVENUE AGAINS T THE CANCELLATION OF THE AFORESAID PENALTY BY THE COMMIS SIONER OF INCOME-TAX (APPEALS) HAS BEEN A SUBJECT-MATTER OF O UR CO-ORDINATE BENCH IN ASSESSEES OWN CASE IN ITA NO 1245/PN/03 A ND FOR THE DETAILED REASONS GIVEN IN THE ORDER DATED 26.09.200 6 THE TRIBUNAL 2 HAS CONFIRMED THE IMPUGNED ORDER OF THE COMMISSIONE R OF INCOME- TAX (APPEALS) CANCELLING THE PENALTY LEVIED BY THE ASSESSING OFFICER UNDER SECTION 271(1)(C) OF THE ACT. IN VIEW OF THIS FACT-SITUATION THE CROSS OBJECTION BY THE ASSESSEE HAS BECOME INFRUCTO US AND IS ACCORDINGLY DISMISSED AS SUCH. 3. IN THE RESULT THE CROSS OBJECTION OF THE ASSESS EE IS DISMISSED. DECISION PRONOUNCED IN THE OPEN COURT ON THIS 21 ST DAY OF SEPTEMBER 2011. SD/- SD/- (I C SUDHIR) JUDICIAL MEMBER (G.S. PANNU) ACCOUNTANT MEMBER PUNE: DATED: 21 ST SEPTEMBER 2011 B COPY OF THE ORDER IS FORWARDED TO : 1. CROSS OBJECTOR 2. RESPONDENT 3. THE CIT(A)-II PUNE 4. THE CIT-III PUNE 5. THE D.R B BENCH PUNE 6. GUARD FILE TRUE COPY BY ORDER ASSISTANT REGISTRAR ITAT PUNE BENCHES PUNE