DCIT 14(3), MUMBAI v. LATE MANSINGHBAID THROUGH L/H TEJ SINGH BAID, MUMBAI

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH B MUMBAI BEFORE SHRI J. SUDHAKAR REDDY AM AND SHRI V.DURG A RAO JM I.T.A.NO.1570/MUM/2009 ASSESSMENT YEAR : 2003-04 THE DY.COMMISSIONER OF INCOME-TAX- 14(3) EARNEST HOUSE 6 TH FLOOR NARIMAN POINT MUMBAI 400 021. CENTRAL CIRCLE-9 MUMBAI. VS. LATE MANSINGH BAID THROUGH L/H TEJ SINGH BAID HANUT NIWAS DADABHAI CROSS ROAD NO.2 ANDHERI (W) MUMBAI 400 058. PAN: AAAPB 9794 Q (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI HARI GOVIND SINGH RESPONDENT BY : SHRI D.C. JAIN O R D E R PER J. SUDHAKAR REDDY AM: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-XV MUMBAI DA TED 23.12.2008 FOR THE ASSESSMENT YEAR 2003-04 WHEREIN THE PENALTY LEVIED UNDER SECTION 271(1)(C) OF THE ACT HAS BEEN CANCELLED. 2. AFTER HEARING THE RIVAL CONTENTIONS WE FIND THAT T HE MUMBAI BENCH B OF THE TRIBUNAL IN THE ASSESSEES OWN CASE FOR THE ASSESSM ENT YEAR 2003-04 IN ITA NO. 717/M/2007 VIDE ORDER DATED 29.05.2009 AT PARA 17 (PAGES 8-9) IN THE QUANTUM PROCEEDINGS HAD RESTORED THE QUANTUM TO THE FILE OF THE ASSESSING OFFICER FOR DE NOVO ASSESSMENT. THUS WE SET ASIDE THIS APPEAL TO THE FILE OF THE ASSESSING OFFICER. THE ASSESSING OFFICER IF HE DEEMS FIT AND IF IT IS IN ACCORDANCE WITH LAW MAY CHOOSE TO INITIATE PENALTY PROCEEDINGS AFTER COMPLETION OF SE T ASIDE ASSESSMENT. 3. IN THE RESULT THE APPEAL FILED BY THE REVENUE IS A LLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 2 9 TH DAY OF JULY 2010. SD. SD. (V.DURGA RAO) (J. SUDHAKAR REDD Y) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI DATED THE 29 TH JULY 2010. I.T.A.NO.1570/MUM/2009 LATE MANSINGH BAID THROUGH L/H TEJ SINGH BAID 2 KN COPY TO: 1. THE ASSESSEE 2. THE DCIT -14(3) MUMBAI 3. THE CIT CITY -14 MUMBAI 4. THE CIT(A)-XV MUMBAI 5. THE DR B BENCH MUMBAI BY ORDER /TRUE COPY/ ASST. REGISTRAR ITAT MUMBAI