M/s. Vikram Plastics,, v. The Income tax Officer, Ward-2,,

ITA 1444/AHD/2008 | 1993-1994
Pronouncement Date: 17-02-2012 | Result: Allowed

Appeal Details

RSA Number 144420514 RSA 2008
Assessee PAN AABFV1345C
Bench Ahmedabad
Appeal Number ITA 1444/AHD/2008
Duration Of Justice 3 year(s) 9 month(s) 23 day(s)
Appellant M/s. Vikram Plastics,,
Respondent The Income tax Officer, Ward-2,,
Appeal Type Income Tax Appeal
Pronouncement Date 17-02-2012
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted TM
Tribunal Order Date 17-02-2012
Assessment Year 1993-1994
Appeal Filed On 24-04-2008
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH AHMEDABAD . ! ! '# ' $ BEFORE SHRI MUKUL KR.SHRAWAT JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY ACCOUNTANT MEMBER 1. ./ I.T.A.NO.1444/AHD/2008 - ! & ! & ! & ! &/ // / A.Y. 1993-94 2. ./ I.T.A.NO.1445/AHD/2008 - ! & ! & ! & ! &/ // / A.Y. 1993-94 1. M/S.VIKRAM PLASTICS 501-C GIDC HALOL DIST.PANCH MAHALS. PAN :AABFV 1345 C 2. M/S.PANORAMA PLASTICS 12 PANORAMA COMPLEX 2 ND FLOOR RC DUTT ROAD ALKAPURI BARODA PAN: AAEFM 1874 C ! ! ! ! / VS. 1. INCOME TAX OFFICER WARD-2 GODHRA 2. ASST.CIT CIRCLE-2 BARODA ( '( / // / APPELLANTS ) .. ( )*'( / RESPONDENTS ) ASSESSEE BY : SHRI M.K.PATEL A.R. REVENUE BY : SHRI VINOD TANWANI SR.DR !+ -#/ // / DATE OF HEARING : 17/02/2012 . & -# / DATE OF PRONOUNCEMENT : 17/02/2012 '// O R D E R PER SHRI MUKUL KR. SHRAWAT JUDICIAL MEMBER : SINCE THERE WAS A DIFFERENCE OF OPINION BETWEEN T HE LD.MEMBERS CONSTITUTING C BENCH OF I.T.A.T. AHMED ABAD WITH REGARD TO THE FOLLOWING ISSUE THE MATTER WAS REFER RED TO THIRD ITA NO.1444/AHD/2008 (M/S.VIKRAM PLASTICS) AND ITA NO.1445/AHD/2008 (M/S.PANORAMA PLASTICS) ASST.YEAR - 1993-94 - 2 - MEMBER U/S.255(4) OF I.T. ACT 1961 FOR HIS OPINION AS PROPOSED BY LD.JM. WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE CASE THE LEARNED CIT(APPEALS) WAS JUSTIFIED IN UPHOLDING PENALTY UNDER SECTION 271(1)(C) OF THE I.T.ACT 1961 LEVIED BY THE ASSESSING OFFICER. 2. THE HONBLE VICE PRESIDENT (AZ) AS THIRD MEMBER IN THESE CASES AFTER HEARING THE PARTIES AND CONSIDERING TH E FACTS AND CIRCUMSTANCES OF THE CASES VIDE ORDER DATED 25/01/ 2012 HAS CONCURRED WITH THE PROPOSED ORDER OF THE LD. J.M. BY OBSERVING AS UNDER:- 11. IN THE FACTS OF THE CASE AND IN ACCORDANCE WITH THE RELEVANT PROVISIONS OF LAW AND APPLICABILITY OF DECISIONS OF THE HONBLE COURTS I HAVE NO HESITATION TO HOLD THAT THE PENALTY UNDER SECTION 271(1)(C) OF THE ACT WAS NOT LEVIABLE ON THE ASSESSEE AND QUESTION REFERRED TO ME IS ANSWERED IN NEGATIVE I.E. IN FAVOUR OF THE ASSESSEE AND AGAINST THE REVENUE. IN VIEW OF THIS I AGREE WITH THE LEARNED JM ON THE ISSUE OF LEVY OF PENALTY REFERRED TO ME BY THE HONBLE PRESIDENT AND UPHOLD HIS CANCELLING THE PENALTY LEVIED UNDER SECTION 271(1)(C) OF THE ACT. 12. IN ITA NO.1445/AHD/2008 IN THE CASE OF M/S.PANORMA PLASTICS BOTH THE PARTIES AGREED THAT THE FACTS OF THIS CASE ARE IDENTICAL WITH THE FACTS OF THE APPEAL IN THE CASE OF M/S.VIKRAM PLASTICS IN ITA NO.1444/AHD/2008 AND HENCE FOLLOWING THE SAME ITA NO.1444/AHD/2008 (M/S.VIKRAM PLASTICS) AND ITA NO.1445/AHD/2008 (M/S.PANORAMA PLASTICS) ASST.YEAR - 1993-94 - 3 - REASONING AS ASSIGNED HEREINABOVE I AGREE WITH THE DECISION OF THE LEARNED JM IN CANCELLING THE PENALTY UNDER SECTION 271(1)(C) OF THE ACT. 3. THEREFORE IN ACCORDANCE WITH THE MAJORITY VIEW THE APPEALS OF THE ASSESSEE(S) ARE ALLOWED. SD/- SD/- ( . ! ! ) ( ) '# ( A. MOHAN ALANKAMONY ) ( MUKUL KR. SHRAWAT ) ACCOUNTANT MEMBER JUDICIA L MEMBER AHMEDABAD; DATED 17 / 02 /2012 0-..! .!../ T.C. NAIR SR. PS '/ )1 2'1& '/ )1 2'1& '/ )1 2'1& '/ )1 2'1&/ COPY OF THE ORDER FORWARDED TO : 1. '( / THE APPELLANT 2. )*'( / THE RESPONDENT 3. 3 / CONCERNED CIT 4. 3() / THE CIT(A)-VI/II BARODA 5. 167 )! / DR ITAT AHMEDABAD 6. 78 9+ / GUARD FILE. '/! '/! '/! '/! / BY ORDER *1 ) //TRUE COPY// : :: :/ // / ; ; ; ; ( DY./ASSTT.REGISTRAR) / ITAT AHMEDABAD 1. DATE OF DICTATION..17.2.12 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 17.2.12 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 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S.17.2.12 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 17.2.12 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