THE ITO 14(2)-1, MUMBAI v. SHRI SANJAY KUMAR AGARWAL, MUMBAI

ITA 3187/MUM/2008 | 2003-2004
Pronouncement Date: 18-03-2010 | Result: Dismissed

Appeal Details

RSA Number 318719914 RSA 2008
Assessee PAN AABPA2767P
Bench Mumbai
Appeal Number ITA 3187/MUM/2008
Duration Of Justice 1 year(s) 10 month(s) 10 day(s)
Appellant THE ITO 14(2)-1, MUMBAI
Respondent SHRI SANJAY KUMAR AGARWAL, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 18-03-2010
Appeal Filed By Department
Order Result Dismissed
Bench Allotted J
Tribunal Order Date 18-03-2010
Assessment Year 2003-2004
Appeal Filed On 08-05-2008
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH J MUMBAI BEFORE SHRI R.V. EASWAR SR. VICE PRESIDENT & SHRI R.K.PANDA AM I.T.A. NO. 3187/MUM/2008 (ASSESSMENT YEAR 2003-04) INCOME-TAX OFFICER 14(2)-1 EARNEST HOUSE 3 RD FLOOR NARIMAN POINT MUMBAI-21 VS. SHRI SANJAY KUMAR AGARWAL BOTAWALA BLDG. OLD HANUMAN ROAD KALBADEVI MUMBAI-400 002 PAN: AABPA2767P APPELLANT RESPONDENT APPELLANT BY : SHRI S.K. MADHUK RESPONDENT BY : SHRI MADHUSUDAN SARAF ORDER DATE OF HEARING: 15.03.2010 DATE OF ORDER: 18.03.2010 PER R.K.PANDA AM THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAIN ST THE ORDER DATED 1 ST FEBRUARY 2008 OF THE CIT(A)-XIV MUMBAI RELATING TO ASSESSMENT YEAR 2003-04. 2. THE REVENUE IN THIS APPEAL HAS CHALLENGED THE ORDER OF THE CIT(A) IN CANCELLING THE PENALTY OF RS.14 58 173 LE VIED BY THE ASSESSING OFFICER U/S. 271(1)(C) OF THE INCOME-TAX ACT 1961 (THE ACT). 3. AFTER HEARING BOTH THE SIDES WE FIND THE ASSESSING OFFICER IN THE ORDER PASSED U/S. 143(3) OF THE ACT DATED 28 TH FEBRUARY 2006 MADE AN ADDITION OF RS.46 29 119 U/S. 2(22)(E) OF T HE ACT AND MADE FURTHER DISALLOWANCE OF RS.25 000 OUT OF TELEPHONE EXPENSES. IN APPEAL THE CIT(A) CONFIRMED THE ADDITION MADE BY TH E ASSESSING OFFICER ON ACCOUNT OF ADDITION OF DEEMED DIVIDEND U /S. 2(22)(E) OF THE ACT. THE ASSESSING OFFICER SUBSEQUENTLY IN THE ORDER PASSED U/S. ITA NO. 3187/MUM/2008 SHRI SANJAY KUMAR AGARWAL ======================= 2 271(1)(C) OF THE ACT LEVIED PENALTY OF RS.14 58 173 BEING THE MINIMUM PENALTY @ 100% OF THE TAX SOUGHT TO BE EVAD ED. IN APPEAL THE LD. CIT(A) CANCELLED THE PENALTY LEVIED BY THE ASSESSING OFFICER. 4. THE LEARNED COUNSEL FOR THE ASSESSEE REFERRING TO T HE ORDER OF THE TRIBUNAL IN ASSESSEES OWN CASE IN I.T.A. NO. 6 482/MUM/2007 ORDER DATED 11 TH SEPTEMBER 2009 FOR THE A.Y. 2003-04 DREW THE ATTENTION OF THE BENCH TO PARA 12 OF THE ORDER AND SUBMITTED THAT THE TRIBUNAL IN THE SAID DECISION HAS DELETED THE A DDITION MADE BY THE ASSESSING OFFICER AND CONFIRMED BY THE CIT(A). THE LEARNED DR FAIRLY CONCEDED THE ABOVE SUBMISSIONS OF THE LEARNE D COUNSEL FOR THE ASSESSEE. SINCE THE QUANTUM ADDITION HAS BEEN DELE TED BY THE TRIBUNAL THEREFORE THE PENALTY LEVIED U/S. 2(22)( E) OF THE ACT DOES NOT SURVIVE. IN THIS VIEW OF THE MATTER THE ORDER OF THE CIT(A) CANCELLING THE LEVY OF PENALTY IS UPHELD. THE GROU ND RAISED BY THE REVENUE IS ACCORDINGLY DISMISSED. 5. IN THE RESULT THE APPEAL FILED BY THE REVENUE IS D ISMISSED. PRONOUNCED ON 18 TH MARCH 2010 SD/- (R.V. EASWAR) SR. VICE PRESIDENT SD/- (R.K. PANDA) ACCOUNTANT MEMBER MUMBAI DATED 18 TH MARCH 2010 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A)-XIV MUMBAI 4. THE CIT-14 MUMBAI 5. THE DR J BENCH. //TRUE COPY// BY ORDER ASSISTANT REGISTRAR ITAT MUMBAI BENCHES MUMBAI TPRAO