ITO, Pune v. Shri Abdul Mazeed H Memon, Pune

ITA 1613/PUN/2012 | 2007-2008
Pronouncement Date: 31-10-2013 | Result: Dismissed

Appeal Details

RSA Number 161324514 RSA 2012
Assessee PAN ABBPM0454E
Bench Pune
Appeal Number ITA 1613/PUN/2012
Duration Of Justice 1 year(s) 3 month(s) 5 day(s)
Appellant ITO, Pune
Respondent Shri Abdul Mazeed H Memon, Pune
Appeal Type Income Tax Appeal
Pronouncement Date 31-10-2013
Appeal Filed By Department
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 31-10-2013
Assessment Year 2007-2008
Appeal Filed On 26-07-2012
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A PUNE BEFORE: SHRI G. S. PANNU ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR JUDICIAL MEMBER ITA NO. 1613 /PN/201 2 ASSESSMENT YEAR : 2007 - 08 INCOME TAX OFFICER WARD - 4(5) PUN E P.M.T. BUILDING SWARGATE PUNE VS. SHRI ABDUL MAZEED H MEMON PROP. M/S. GALLANT TRADERS 186 SOLAPUR BAZAR PUNE (APPELLANT) (RESPONDENT) PAN NO. ABBPM0454E APPELLANT BY: SHRI P.L. PATHADE RESPONDENT BY: SHRI NIKHIL PATHAK / SHRI SUHAS P. B O RA DATE OF HEARING : 29 - 10 - 2013 DATE OF PRONOUNCEMENT : 31 - 10 - 2013 ORDER P ER R.S. PADVEKAR JM : - IN THIS APPEAL THE REVENUE HAS CHALLENGED THE IMPUGNED ORDER OF THE LD. CIT(A) - II PUNE DATED 30 - 03 - 2012 FOR THE A.Y. 2007 - 08 DELETING THE PENALTY LEVIED BY THE ASSESSING OFFICER U/S. 271(1)(C) OF THE INCOME - TAX ACT. 2. WE HAVE HEARD THE PARTIES. WHILE COMPLETING THE ASSESSMENT FOR THE A.Y. 2007 - 08 THE ASSESSING OFFICER HAS MADE THE ADDITION OF RS.20 26 125/ - TOWARDS ALLEGED UNDER VALUATION OF C LOSING STOCK. THE LD. CIT(A) HAS DELETED THE ADDITION MADE BY THE ASSESSING OFFICER OF RS.20 26 125/ - WHICH WAS BAS IS FOR LEVY OF PENALTY U/S. 271(1)(C) OF THE ACT. THE TRIBUNAL HAS CONFIRMED THE ORDER OF THE LD. CIT(A) DELETING THE ADDITION BY DISMISSIN G THE APPEAL BEING ITA NO. 1614/PN/2012 ORDER DATED 31 - 10 - 2013. THE PRESENT APPEAL IS AGAINST THE ORDER OF THE LD. CIT(A) DELETING THE PENALTY LEVIED BY THE ASSESSING OFFICER ON THE ABOVE 2 ITA NO. 1613/PN/2012 SHRI ABDUL MAZEED H MEMON PUNE REFERRED ADDITION. AS THE ADDITION ITSELF HAS BEEN DELETED THE VE RY FOUNDATION OF THE PENALTY DOES NOT SURVIVE . SINCE T HE LD. CIT(A) HAS ALREADY DELETED THE PENALTY W E THEREFORE CONFIRM THE ORDER OF THE LD. CIT(A) DELETING THE PENALTY. 3. IN THE RESULT THE REVENUES APPEAL IS DISMISSED. PRONOUNCED IN THE OPEN COUR T ON 31 - 10 - 2013 SD/ - SD/ - ( G.S. PANNU ) ( R.S. PADVEKAR ) ACCOUNTANT MEMBER JUDICIAL MEMBER RK /PS PUNE DATED : 31 ST OCTOBER 20 1 3 COPY TO 1 ASSESSEE 2 DEPARTMENT 3 THE CIT(A) - II PUNE 4 THE CIT - II PUNE 5 THE DR ITAT A BENCH PUNE . 6 GUARD FILE. //TRUE COPY// BY ORDER PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL PUNE