DCIT CIR 3(1), MUMBAI v. DEEPAK C. MEHTA, MUMBAI

ITA 4045/MUM/2008 | 1997-1998
Pronouncement Date: 19-03-2010 | Result: Allowed

Appeal Details

RSA Number 404519914 RSA 2008
Assessee PAN AAHPM6688F
Bench Mumbai
Appeal Number ITA 4045/MUM/2008
Duration Of Justice 1 year(s) 9 month(s) 12 day(s)
Appellant DCIT CIR 3(1), MUMBAI
Respondent DEEPAK C. MEHTA, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 19-03-2010
Appeal Filed By Department
Order Result Allowed
Bench Allotted D
Tribunal Order Date 19-03-2010
Date Of Final Hearing 12-03-2010
Next Hearing Date 12-03-2010
Assessment Year 1997-1998
Appeal Filed On 06-06-2008
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL 'D' BENCH MUMBAI BEFORE SHRI R.K. GUPTA JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH ACCOUNTANT MEMBER ITA NO. 4045/MUM/2008 (ASSESSMENT YEAR: 1997-98) DCIT CIRCLE 3(1) MR. DEEPAK C. MEHTA ROOM NO. 607 AAYAKAR BHAVAN KEJRIWAL HOUSE 7-N G AMADIA M.K. ROAD MUMBAI 400020 VS. ROAD MUMBAI 400026 PAN AAHPM 6688 F APPELLANT RESPONDENT APPELLANT BY: SHRI CHANDRA RAMKRISHNAN RESPONDENT BY: SHRI S.V. JOSHI O R D E R PER B. RAMAKOTAIAH A.M. THIS APPEAL BY THE REVENUE IS AGAINST THE ORDER OF THE CTA XXVIII MUMBAI DATED 05.03.2008 CANCELLING THE PENALTY LEVIED UNDE R SECTION 271(1)(C). 2. AT THE OUTSET THE LEARNED COUNSEL FAIRLY CONCEDED T HAT OUT OF THE FOUR ISSUES CONSIDERED IN THE QUANTUM ASSESSMENT THE HON 'BLE ITAT IN ITA NO. 4673/MUM/2005 DATED 16.12.2009 HAS SET ASIDE THE IS SUE BACK TO THE FILE OF THE A.O. AND ON ONE ISSUE IT WAS DECIDED AGAINST ASSESSEE. HE HAS NO OBJECTION IF THE PENALTY ORDER IS ALSO SET ASIDE TO THE FILE OF THE A.O. FOR RECONSIDERING THE ISSUE AFTER DECIDING THE QUANTUM ADDITIONS. 3. KEEPING IN VIEW OF THE FACT THAT MOST OF THE ISSUES ARE RESTORED TO THE FILE OF AO IN THE QUANTUM PROCEEDINGS THE ORDERS O F THE A.O. AND THE CIT(A) UNDER SECTION 271(1)(C) ARE SET ASIDE AND THE PROCE EDINGS ARE RESTORED BACK TO THE FILE OF THE A.O. TO DECIDE IT AFRESH AFTER C OMPLETING THE ASSESSMENT PROCEEDINGS. 4. IN THE RESULT APPEAL OF THE REVENUE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH MARCH 2010. SD/- SD/- (R.K. GUPTA) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI DATED: 19 TH MARCH 2010 ITA NO. 4045/MUM/2008 MR. DEEPAK C. MEHTA 2 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) XXVIII MUMBAI 4. THE CIT III MUMBAI CITY 5. THE DR D BENCH ITAT MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT MUMBAI BENCHES MUMBAI N.P.