DIMEXON EXPORTS P. LTD, MUMBAI v. DCIT CEN CIR 5, MUMBAI

ITA 4081/MUM/2009 | 2003-2004
Pronouncement Date: 24-08-2010 | Result: Allowed

Appeal Details

RSA Number 408119914 RSA 2009
Bench Mumbai
Appeal Number ITA 4081/MUM/2009
Duration Of Justice 1 year(s) 1 month(s) 22 day(s)
Appellant DIMEXON EXPORTS P. LTD, MUMBAI
Respondent DCIT CEN CIR 5, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 24-08-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted D
Date Of Final Hearing 23-08-2010
Next Hearing Date 23-08-2010
Assessment Year 2003-2004
Appeal Filed On 02-07-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES D : MUMBAI BEFORE SHRI D. MANMOHAN VICE PRESIDENT AND SHRI ANANDI LAL GEHLOT ACCOUNTANT MEMBER ITA. NO. 4081/MUM/2009 ASSESSMENT YEAR 2003-2004 DIMEXON EXPORTS PRIVATE LIMITED MUMBAI 400 004 PAN AAACD-1882-E VS. DCIT CENTRAL CIRCLE 5 MUMBAI 4. (APPELLANT) (RESPONDENT) FOR APPELLANT : SHRI HARIOM TULSYAN FOR RESPONDENT : SHRI JITENDRA YADAV ORDER PER D. MANMOHAN V.P. 1. THIS APPEAL FILED AT THE INSTANCE OF THE ASSES SEE-COMPANY IS DIRECTED AGAINST THE ORDER DATED 4-6-2009 OF THE CI T(A) CENTRAL-II MUMBAI AND IT PERTAINS TO THE ASSESSMENT YEAR 2003- 2004. PENALTY LEVIED BY THE ASSESSING OFFICER UNDER SECTION 271 ( 1) (C) OF THE ACT CONSEQUENT TO THE ADDITIONS/DISALLOWANCES MADE IN T HE ASSESSMENT HAVING BEEN CONFIRMED BY THE LEARNED CIT(A) ASSESS EE PREFERRED AN APPEAL BEFORE US CONTENDING INTER ALIA THAT ON ME RE REJECTION OF THE CLAIMS PENALTY SHOULD NOT AUTOMATICALLY BE LEVIED HAVING REGARD TO THE PECULIAR CIRCUMSTANCES OF THE CASE. 2. AT THE TIME OF HEARING BOTH THE PARTIES ADMITTE D THAT AGAINST THE ASSESSMENT MADE BY THE ASSESSING OFFICER ASSESS EE CARRIED THE MATTER IN APPEAL BEFORE THE LEARNED CIT(A) WHO HAS GIVEN PART RELIEF AND THEREAFTER CROSS APPEALS WERE FILED BEFORE THE APPE LLATE TRIBUNAL WHICH HAVE COME UP FOR HEARING BEFORE ITAT D BENCH MU MBAI (ITA. NO. 1908/MUM/2008 AND ITA. NO. 2554/MUM/2008 DATED 11-1 2-2009) 2 WHEREIN ASSESSEE PARTLY SUCCEEDED AND THE OTHER ISS UES WERE SET ASIDE TO THE FILE OF THE ASSESSING OFFICER FOR FRESH ADJUDIC ATION. 3. WE HAVE HEARD THE LEARNED COUNSEL APPEARING ON BEHALF OF THE ASSESSEE AS WELL AS LEARNED DR AND CAREFULLY P ERUSED THE RECORD. IN THE LIGHT OF DECISION OF THE ITAT WE DEEM IT FAIR A ND REASONABLE TO SET ASIDE THE ORDERS OF THE ASSESSING OFFICER (PASSED U NDER SECTION 271(1)(C) OF THE ACT) AS WELL AS CIT(A) AND RESTORE THE MATTE R TO THE FILE OF THE ASSESSING OFFICER WITH A DIRECTION TO RECONSIDER TH E ISSUE OF LEVY OF PENALTY AFTER PASSING AN ORDER CONSEQUENT TO THE DI RECTIONS OF THE ITAT IN THE QUANTUM APPEAL. 4. IN THE RESULT APPEAL FILED BY THE ASSESSEE IS TREATED AS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 24-08-2010 . SD/- SD/- (ANANDI LAL GEHLOT) (D.MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI DATE 24 TH AUGUST 2010 VBP/- COPY TO 1. DIMEXON EXPORTS PRIVATE LIMITED 1202 PRASAD CH AMBERS TATA ROAD NO.2 OPERA HOUSE MUMBAI 400 004 PAN AAACD-1882-E 2. DCIT CENTRAL CIRCLE-5 CGO BLDG. 9 TH FLOOR M.K. ROAD MUMBAI 4. 3. CIT(A) CENTRAL-II MUMBAI. 4. CIT CENTRAL-I MUMBAI 5. DR D BENCH 6. GUARD FILE. (TRUE COPY) BY ORDER ASST.REGISTRAR ITAT MUMBAI.