MR. SAHDEV DEVAJI BETKAR, MUMBAI v. I.T.O.WARD-24(1)(2), MUMBAI

ITA 6203/MUM/2008 | 2001-2002
Pronouncement Date: 01-02-2010 | Result: Allowed

Appeal Details

RSA Number 620319914 RSA 2008
Bench Mumbai
Appeal Number ITA 6203/MUM/2008
Duration Of Justice 1 year(s) 3 month(s) 15 day(s)
Appellant MR. SAHDEV DEVAJI BETKAR, MUMBAI
Respondent I.T.O.WARD-24(1)(2), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 01-02-2010
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted E
Tribunal Order Date 01-02-2010
Date Of Final Hearing 25-11-2009
Next Hearing Date 25-11-2009
Assessment Year 2001-2002
Appeal Filed On 17-10-2008
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH E : MUMBAI BEFORE SHRI D.K. AGARWAL (JM) AND SHRI RAJENDRA SINGH (AM) ITA NO.6203/MUM/2008 ASSESSMENT YEAR : 2001-02 MR. SAHDEV DEVAJI BETKAR B-403 SAIDHAM APARTMENTS SAMARTH NAGAR MAJASWADI JOGESHWARI(E) MUMBAI-400 060. ..( APPELLANT ) P.A. NO. (AAEPB 3909 P) VS. INCOME TAX OFFICER WARD 24(1)(2) MUMBAI. ..( RESPONDENT ) APPELLANT BY : SHRI REEPAL TRALSHAWALA RESPONDENT BY : SHR I SATISH SHARMA O R D E R PER D.K. AGARWAL (JM). THIS APPEAL PREFERRED BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER DATED 20.6.08 PASSED BY THE LD. CIT(A) FOR THE ASSESSMENT YEAR 2001-02 SUSTAINING THE PENALTY OF RS.1 02 860/- IMPOSED BY THE ASSESSING OFFICER U/S.271(1)(C) OF THE IT ACT 1961(THE ACT) . 2. AT THE TIME OF HEARING THE LD. COUNSEL FOR THE ASSE SSEE SUBMITS THAT THE TRIBUNAL IN THE ASSESSEES OWN CASE IN SAHDEV DE VJI BETKAR VS. ITO IN ITA NOS.4850/M/2007 FOR ASSESSMENT YEAR 2000- 01 AND ITA NO.566/M/2006 FOR ASSESSMENT YEAR 2001-02 VIDE CONSOL IDATED ORDER DATED 21.8.2009 HAS RESTORED THE DISALLOWANCE OF EXPENSES TO ITA NO.6203/M/08 A.Y: 01-02 2 THE FILE OF THE ASSESSING OFFICER THEREFORE THE PENALT Y IMPOSED BY THE ASSESSING OFFICER BE DELETED. HE ALSO PLACED ON RECORD THE COPY OF THE SAID ORDER OF THE TRIBUNAL . 3. ON THE OTHER HAND THE LD. DR SUPPORTS THE ORDER OF THE ASSESSING OFFICER AND THE LD. CIT(A). 4. HAVING CAREFULLY HEARD THE SUBMISSIONS OF THE RIVAL P ARTIES AND PERUSING THE MATERIAL AVAILABLE ON RECORD WE FIND T HAT THERE IS NO DISPUTE THAT THE AO HAS IMPOSED IMPUGNED PENALTY ON TH E DISALLOWANCE OF EXPENSES OF RS.4 19 700/- WHICH THE TRIB UNAL IN THE QUANTUM APPEAL(SUPRA) HAS SET ASIDE THE ISSUE TO THE F ILE OF THE ASSESSING OFFICER. THIS BEING SO AND IN THE ABSENCE OF ANY OTHER CONTRARY MATERIAL PLACED ON RECORD BY THE REVENUE WE A RE OF THE VIEW THAT THE IMPUGNED PENALTY HAS NO LEGS TO STAND AND ACCO RDINGLY THE PENALTY IMPOSED BY THE ASSESSING OFFICER AND SUSTAINED BY T HE LD. CIT(A) IS DELETED. THE GROUNDS TAKEN BY THE ASSESSEE ARE THEREFORE ALLOWED. 5. IN THE RESULT ASSESSEES APPEAL STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 01.02.2010. SD/- SD/- (RAJENDRA SINGH) ( D.K. AGARWAL ) ACCOUNTANT MEMBER J UDICIAL MEMBER MUMBAI DATED:01.02.2010. JV. ITA NO.6203/M/08 A.Y: 01-02 3 COPY TO: THE APPELLANT THE RESPONDENT THE CIT CONCERNED MUMBAI THE CIT(A) CONCERNED MUMBAI THE DR E BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR ITAT MUMBAI. ITA NO.6203/M/08 A.Y: 01-02 4 DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON 19.1.10 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 20.1.10 SR.PS/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON 01.02.10 SR.PS/PS 7. FILE SENT TO THE BENCH CLERK 03.02.10 SR.PS/PS 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER