ACIT CIRCLE-15(1)(2), Mumbai v. M/S GALAXY SURFACTANTS LTD., Mumbai

ITA 2656/MUM/2019 | 2009-2010
Pronouncement Date: 03-03-2021 | Result: Allowed

Appeal Details

RSA Number 265619914 RSA 2019
Bench Mumbai
Appeal Number ITA 2656/MUM/2019
Duration Of Justice 1 year(s) 10 month(s) 5 day(s)
Appellant ACIT CIRCLE-15(1)(2), Mumbai
Respondent M/S GALAXY SURFACTANTS LTD., Mumbai
Appeal Type Income Tax Appeal
Pronouncement Date 03-03-2021
Appeal Filed By Department
Order Result Allowed
Bench Allotted G
Tribunal Order Date 03-03-2021
Last Hearing Date 01-02-2021
First Hearing Date 01-02-2021
Assessment Year 2009-2010
Appeal Filed On 26-04-2019
Judgment Text
ITA NO.2656/MUM/2019 M/S. GALAXY SURFACTANTS LTD. ASSESSMENT YEAR: 2009-10 1 IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH MUMBAI BEFORE HONBLE SHRI MAHAVIR SINGH VP AND HONBLE SHRI MANOJ KUMAR AGGARWAL AM (HEARING THROUGH VIDEO CONFERENCING MODE) ./ I.T.A. NO.2656/MUM/2019 ( / ASSESSMENT YEAR: 2009-10) ACIT CIRCLE - 15(1)(2) ROOM NO.483A 4 TH FLOOR AAYKAR BHAWAN M.K.ROAD MUMBAI-400 020 / VS. M/S. GALAXY SURFACT ANTS LTD. C-49/2 GALAXY RESEARCH CENTRE TTC INDUSTRIAL AREA PAWNE VILLAGE NAVI MUMBAI-400 703 !' ./ ./PAN/GIR NO. AAACG-1539-P ( '$ /APPELLANT ) : ( %&'$ / RESPONDENT ) ASSESSEE BY : NONE REVENUE BY : SHRI T.S. KHALSA- LD. SR.DR / DATE OF HEARING : 10/02/2021 / DATE OF PRONOUNCEMENT : 03/03/2021 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY REVENUE FOR ASSESSMENT YEAR [IN SHORT REFERRED TO AS AY] 2009-10 CONTEST THE ORDER OF L D. COMMISSIONER OF INCOME-TAX (APPEALS)-24 MUMBAI [IN SHORT REFERRE D TO AS CIT(A)] APPEAL NO.CIT(A)-24/ACIT-15(1)(2)/IT-97/ 2016-17 DATED 08/01/2019. THE IMPUGNED ORDER HAS DELETED PENALTY OF RS.162.21 LACS AS LEVIED BY THE LD. ASSESSING OFFICER VIDE PE NALTY ORDER DATED 29/03/2016. THE PENALTY HAS BEEN DELETED BY O BSERVING THAT QUANTUM ADDITIONS AGAINST WHICH THE PENALTY HAS BEE N LEVIED ITA NO.2656/MUM/2019 M/S. GALAXY SURFACTANTS LTD. ASSESSMENT YEAR: 2009-10 2 STOOD DELETED BY THE ORDER OF TRIBUNAL IN ITA NO.19 86/MUM/2015 ORDER DATED 11/10/2017. 2. NONE APPEARED FOR ASSESSEE. THE PERUSAL OF ORDER SHEET ENTRIES WOULD REVEAL THAT THE ASSESSEE FAILED TO AP PEAL ON EARLIER OCCASIONS ALSO. THEREFORE THE MATTER WAS PROCEEDED WITH ON THE BASIS OF SUBMISSIONS MADE BY LD. DR. 3. THE LD. DR POINTED OUT THAT OUT OF AGGREGATE QUA NTUM ADDITIONS OF RS.486.67 LACS FOR WHICH IMPUGNED PENA LTY WAS LEVIED AGAINST THE ASSESSEE THE ADDITIONS ONLY TO THE EXT ENT OF RS.7 37 081/- WERE DELETED BY THE TRIBUNAL IN ASSES SEES APPEAL VIDE ITA NO.1986/MUM/2015 ORDER DATED 11/10/2017. THEREFORE LD. CIT(A) ERRED IN GRANTING RELIEF ON THE BASIS OF AFORESAID DECISIONS. 4. UPON PERUSAL OF THE SAID ORDER WE CONCUR WITH T HE SUBMISSIONS OF LD. DR SINCE THE ADDITIONS ONLY TO T HE EXTENT OF RS.7 37 081/- REPRESENTING PURCHASE OF DEPB LICENSE WAS THE SUBJECT MATTER OF ASSESSEES APPEAL WHICH HAS BEEN ALLOWED BY THE TRIBUNAL. THEREFORE ON THE FACTS OF THE CASE WE D EEM IT FIT TO SET- ASIDE THE IMPUGNED ORDER AND RESTORE THE MATTER OF PENALTY BACK TO THE FILE OF LD. CIT(A). THE LD. CIT(A) IS DIRECTED TO APPRECIATE THE CORRECT FACTUAL MATRIX AND RE-ADJUDICATE THE ISSUE OF PENALTY AFTER AFFORDING DUE OPPORTUNITY OF HEARING TO THE ASSESSE E. 5. THE APPEAL STAND ALLOWED FOR STATISTICAL PURPOSE S. ORDER PRONOUNCED ON 03 RD MARCH 2021 SD/- SD/- (MAHAVIR SINGH) (MANOJ KUMAR AGGARWAL) / VICE PRESIDENT / ACCOUNTANT MEMBER ITA NO.2656/MUM/2019 M/S. GALAXY SURFACTANTS LTD. ASSESSMENT YEAR: 2009-10 3 MUMBAI; DATED : 03/03/2021 SR.PS KASARLA THIRUMALESH/SR.PS JAISY VARGHESE / COPY OF THE ORDER FORWARDED TO : 1. '$ / THE APPELLANT 2. %&'$ / THE RESPONDENT 3. - ( ) / THE CIT(A) 4. - / CIT CONCERNED 5. ./% ( 0 0 / DR ITAT MUMBAI 6. /123 / GUARD FILE / BY ORDER / (DY./ASSTT.REGISTRAR) / ITAT MUMBAI.