Appeal Details
| RSA Number | 118724514 RSA 2010 |
|---|---|
| Assessee PAN | AAEFN8566E |
| Bench | Pune |
| Appeal Number | ITA 1187/PUN/2010 |
| Duration Of Justice | 5 month(s) 28 day(s) |
| Appellant | Asstt.CIT Cir.-2,, Nashik |
| Respondent | M/s. Navnirman Developers, Nashik |
| Appeal Type | Income Tax Appeal |
| Pronouncement Date | 28-02-2011 |
| Appeal Filed By | Department |
| Order Result | Dismissed |
| Bench Allotted | A |
| Tribunal Order Date | 28-02-2011 |
| Date Of Final Hearing | 01-02-2011 |
| Next Hearing Date | 01-02-2011 |
| Assessment Year | 2000-2001 |
| Appeal Filed On | 31-08-2010 |
| Judgment Text |
IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A PUNE BEFORE SHRI I.C. SUDHIR (JM) AND SHRI D. KARUNAKARA RAO (AM) ITA NO S . 1187 TO 1189 /PN/20 10 ( ASSTT. YEAR S : 2000 - 01 TO 2002 - 03 ) ASSTT. COMMISSIONER OF INCOME TAX CIRCLE - 2 NASHIK .. A PPELLANT V. M/S. NAV NIRMAN DEVELOPERS PODDAR HOUSE PATIL LANE NO. 3 COLLEGE ROAD NASHIK PAN: AAEFN8566E . RESPONDENT APPELLANT BY : SHRI ABHAY DAMLE RESPONDENT BY : MS. DEEPA KHARE ORDER PER I.C. SUDHIR J M THE REVENUE HA S QUESTIONNED FIRST APPELLATE ORDER ON THE GROUND THAT LD CIT(A) HAS ERRED IN DELETING THE PENALTY LEVIED U/S 271(1)(C) OF THE ACT FOR THE A.YS. 2000 - 01 2001 - 02 AND 2002 - 03 OF RS. 7 99 040/ - RS. 20 52 230/ - AND RS. 3 93 914/ - RESPECTIVELY ON THE ISSUE O F DISALLOWANCE U/S. 80IB(10) OF THE ACT. 2. ON HAVING GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW IN VIEW OF THE ARGUMENTS ADVANCED BY THE PARTIES WE FIND THAT THE LD CIT(A) HAS DELETED PENALTY IN QUESTION ON THE BASIS THAT WHILE DECIDING THE APPE ALS AGAINST THE QUANTUM ADDITIONS THE TRIBUNAL HAS DELETED THE ADDITION OF RS. 20 75 430/ - RS. 52 35 277/ - AND RS.11 03 401/ - FOR THE A.YS 2000 - 01 TO 2002 - 03 MADE IN THE ASSESSMENT. T HIS FACT HAS NOT BEEN DENIED BY THE LD D.R. AS IT IS ALSO SUPPORTED B Y THE ORDER DATED 4 TH MAY 2010 OF THE TRIBUNAL IN ITA NOS. 7 TO 9/PN/2007 (A.YS. 2000 - 01 TO 2002 - 03) IN THE CASE OF THE ASSESSEE COPIES SUPPLIED. WE THUS DO NOT FIND REASON TO INTERFERE WITH THE ORDER ITA NO S. 1187 TO 1189 /PN/20 10 M/S. NAV NIRMAN DEVELOPERS A.YS. 2000 - 01 TO 2002 - 03 PAGE OF 2 2 IMPUGNED AS THE VERY BASIS ON WHICH PENALTY HAS L EVIED HAS ALREADY BEEN DELETED. FIRST APPELLATE ORDER ON THE ISSUE IS UPHELD. THE GROUND IS ACCORDINGLY DISMISSED. 3. CONSEQUENTLY THE APPEALS ARE DISMISSED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 28TH FEBRUARY 201 1 . SD/ - SD/ - ( D. KARUNAKARA RAO ) ACCOUNTANT MEMBER ( I.C. SUDHIR ) JUDICIAL MEMBER PUNE DATED THE 28 TH FEBRUARY 20 1 1 US COPY OF THE ORDER IS FORWARDED TO : 1. THE A PPELLANT 2. THE RESPONDENT 3. THE CIT (CENTRAL) NAGPUR 4. THE CIT(A) - I I NASHIK 5. THE D.R. A BENCH PUNE 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL PUNE
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