ACIT , CIR 1, AURANGABAD, Aurangabad v. DESH VIDESH HOTELS CONSTRUCTIONS AND MARKETING PVT LTD,, Aurangabad

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES A PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV JM AND SHRI G.S. PANNU AM I.T.A. NO. 270 TO 272/PN/2006 A.Y. 2000-01 TO 2002-03 ASSTT. CIT CIR. 1 AURANGABAD APPELLANT VS. DESH VIDESH HOTELS CONSTRUCTION AND MARKETING PVT.LTD. GOLDIE CINEMA CAMPUS STATION ROAD AURANGABAD PAN AAACD 8061B RESPONDENT APPELLANT BY : SHRI ABHAY DAMLE RESPONDENT BY: NONE ORDER PER SHAILENDRA KUMAR YADAV JM ALL THESE APPEALS PERTAIN TO THE SAME ON THE POINT OF DELETION OF PENALTY LEVIED U/S 271(1)(C) OF THE ACT FOR A.Y. 2000- 01 TO 2002-03. SO THEY WERE HEARD TOGETHER AND ARE BEING DISPOSED OFF BY THIS CONSOLIDATED ORDER FOR THE SAK E OF CONVENIENCE. 2. THE BACKGROUND OF THE APPEALS IS THAT THESE APPE ALS WERE ORIGINALLY DECIDED BY THE TRIBUNAL VIDE ITS ORDER D ATED 30-8- 2007. HOWEVER MISCELLANEOUS APPLICATION BEING MOV ED BY THE REVENUE THE SAME WAS RECALLED VIDE ORDER OF THE TR IBUNAL IN ITA NO. 270 TO 272/PN/2006 DESH VIDESH HOTELS CONT MARKETING PVT. LTD. A.Y. 2000-01 TO 2002-03 2 M.A. NO. 106/PN/2009. ON PERUSAL OF THE ORDER OF T HE TRIBUNAL WE FIND THAT THE APPEALS WERE DECIDED FOL LOWING THE RATIO OF THE HONBLE SUPREME COURT IN THE CASE OF V IRTUAL SOFT SYSTEMS LTD. VS. CIT (2007) 289 ITR 83 (SC) ON THE POINT OF LOSS TO LOSS. THEREAFTER THE SITUATION HAS CHANGE D AND THE TRIBUNAL AT RELEVANT POINT OF TIME DID NOT HAVE THE BENEFIT OF THE LARGER BENCH DECISION OF THE HONBLE SUPREME CO URT IN THE CASE OF GOLD COIN HEALTH FOOD PVT. LTD. (2008) 304 ITR 308 (SC). IN THIS VIEW OF THE MATTER THE APPEALS ARE TO BE ADJUSTED ON MERITS AT THE HANDS OF THE CIT(A) BECA USE IT WAS DECIDED ON LEGAL ISSUE ALONE. SO IN THE INTEREST O F JUSTICE WE RESTORE THE MATTERS TO THE FILE OF THE CIT(A) WITH A DIRECTION TO DECIDE THE ISSUE ON FACT AND LAW AFTER ALLOWING ADE QUATE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 3. IN THE RESULT ALL THE APPEALS OF THE REVENUE AR E ALLOWED FOR STATISTICAL PURPOSE. 0RDER PRONOUNCED IN THE OPEN COURT ON 28 TH FEBRUARY 2011. SD/- SD/- (G.S. PANNU) (SHAILENDRA KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER PUNE DATED THE 28 TH FEBRUARY 2011. ANKAM ITA NO. 270 TO 272/PN/2006 DESH VIDESH HOTELS CONT MARKETING PVT. LTD. A.Y. 2000-01 TO 2002-03 3 COPY FORWARDED TO: (1) ASSESSEE (2) DEPARTMENT 3. CIT(A) AURANGABAD (3) CIT AURANGABAD (4) THE D.R. PUNE BENCH A PUNE TRUE COPY BY ORDER ASSTT. REGISTRAR INCOME-TAX APPELLATE TRIBUNAL PUNE BENCHES PUNE