The DCIT(OSD) Range-1,, Ahmedabad v. Aditi Exports Pvt. Ltd.,, Ahmedabad

ITA 3185/AHD/2010 | 2002-2003
Pronouncement Date: 29-07-2011 | Result: Dismissed

Appeal Details

RSA Number 318520514 RSA 2010
Assessee PAN AABCA6150F
Bench Ahmedabad
Appeal Number ITA 3185/AHD/2010
Duration Of Justice 7 month(s) 28 day(s)
Appellant The DCIT(OSD) Range-1,, Ahmedabad
Respondent Aditi Exports Pvt. Ltd.,, Ahmedabad
Appeal Type Income Tax Appeal
Pronouncement Date 29-07-2011
Appeal Filed By Department
Order Result Dismissed
Bench Allotted D
Tribunal Order Date 29-07-2011
Date Of Final Hearing 29-07-2011
Next Hearing Date 29-07-2011
Assessment Year 2002-2003
Appeal Filed On 01-12-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL : D BENCH : AHMEDABAD (BEFORE HONBLE SHRI T.K. SHARMA J.M. & HONBL E SHRI A.K.GARODIA A.M.) I.T.A. NO. 3185/AHD./2010 ASSESSMENT YEAR : 2002-2003 D.C.I.T. (OSD) RANGE-1 ABAD VS- ADITI EXPORTS PVT. LTD. ABAD (PAN : AABCA 6150F) (APPELLANT) (RE SPONDENT) APPELLANT BY : SHRI B.L.YADAV D.R. RESPONDENT BY : SMT. URVASHI SHODHAN A.R . O R D E R PER SHRI T.K. SHARMA JUDICIAL MEMBER : THIS APPEAL FILED BY THE REVENUE IS AGAINST THE OR DER DATED 21-09-2010 OF LEARNED COMMISSIONER OF INCOME TAX(APPEALS)-VI AHM EDABAD CANCELLING THE PENALTY OF RS.32 58 686/- LEVIED UNDER SECTION 271( 1)(C) ON THE ADDITION OF DEPRECIATION FOR THE ASSESSMENT YEAR 2002-03. 2. WE HAVE HEARD BOTH THE SIDES AND CAREFULLY GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW. IT IS PERTINENT TO NOTE THAT THE AO LEVIED THE PENALTY UNDER SECTION 271(1)(C) AMOUNTING TO RS.32 58 686/- IN RESPECT OF NON-ALLOWANCE OF DEPRECIATION. ON APPEAL IN THE IMPUGNED ORDER THE LD. CIT(A) CA NCELLED THE PENALTY ON THE GROUND THAT THE ITAT VIDE ORDER DATED 12.03.2010 IN ASSES SEES OWN CASE IN ITA NO. 391/A/2007 & 1892/A/2008 FOR THE ASSESSMENT YEARS 2 004-05 AND 2002-03 HELD THAT CONDITIONS FOR CLAIM UNDER SECTION 32 ARE FULFILLED AND ASSESSEE IS ENTITLED TO DEPRECIATION ON THE ASSETS WORTH RS.4 21 86 000/-. IT IS A WELL-SETTLED LAW THAT WHERE THE ADDITION MADE IN THE ASSESSMENT YEAR ON THE BA SIS OF WHICH PENALTY FOR CONCEALMENT IS LEVIED IS DELETED THERE REMAINS NO BASIS AT ALL FOR LEVYING PENALTY FOR CONCEALMENT. IN SUCH A CASE NO PENALTY CAN SURVIVE . ADMITTEDLY IN THE PRESENT CASE ITA NO.3185/AHD/2010 2 ADDITION ON WHICH PENALTY WAS LEVIED IS ITSELF DE LETED BY HIGHEST FACT-FINDING AUTHORITY THEREFORE PENALTY ON SUCH ADDITION CANN OT SURVIVE. THEREFORE WE DO NOT FIND ANY INFIRMITY IN THE ORDERS OF THE LD. CIT(A). HENCE WE INCLINE TO UPHOLD THE ORDER OF THE LD. CIT(A). 3. IN THE RESULT THE APPEAL FILED BY THE REVENUE I S DISMISSED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 29.07.2011 SD/- SD/- (A.K.GARODIA) (T.K. SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 29/07/2011 COPY OF THE ORDER IS FORWARDED TO:- (1) THE ASSESSEE (2) THE DEPARTMENT. (3) CIT (A.) CONCERNED. (4) CIT CONCERNED. (5) D.R. ITAT AHMEDABAD. TRUE COPY BY ORDER DEPUTY REGISTRAR ITAT AH MEDABAD. TALUKDAR/ SR. P.S.