MAYA A. SATAM, MUMBAI v. ITO 18(1)(4), MUMBAI

ITA 6977/MUM/2010 | 2005-2006
Pronouncement Date: 14-09-2011 | Result: Allowed

Appeal Details

RSA Number 697719914 RSA 2010
Assessee PAN ANIPS0251J
Bench Mumbai
Appeal Number ITA 6977/MUM/2010
Duration Of Justice 11 month(s) 7 day(s)
Appellant MAYA A. SATAM, MUMBAI
Respondent ITO 18(1)(4), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 14-09-2011
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted B
Tribunal Order Date 14-09-2011
Date Of Final Hearing 08-09-2011
Next Hearing Date 08-09-2011
Assessment Year 2005-2006
Appeal Filed On 07-10-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B MUMBAI BEFORE SHRI R.S.SYAL AM AND SHRI VIJAY PAL RAO JM ITA NO.6977/MUM/2010 : ASST.YEAR 2005-2006 SMT.MAYA A.SATAM 954 A/B PRATIPADA V.S.MARG DADAR MUMBAI 400 028. PAN : ANIPS0251J. VS. THE INCOME TAX OFFICER WARD 18(1)(4) MUMBAI. (APPELLANT) (RESPONDENT) APPELLANT BY : S/SHRI G.S.PIKALE & P.C.TRIPATHI RESPONDENT BY : SHRI P.C.MAURYA DATE OF HEARING : 08.09.2011 DATE OF PRONOUNCEMENT : 14.09.2011 O R D E R PER R.S.SYAL AM : THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER PASSED BY THE COMMISSIONER OF INCOME-TAX (APPEALS) ON 16.08.2010 UPHOLDING PENALTY OF RS.4 75 728 IMPOSED BY THE ASSESSING OFFICER U/S.27 1(1)(C) IN RELATION TO THE ASSESSMENT YEAR 2005-2006. 2. AT THE VERY OUTSET THE LEARNED COUNSEL FOR THE A SSESSEE PLACED ON RECORD A COPY OF ORDER PASSED BY THE TRIBUNAL IN ITA NO.5717 /MUM/2008 AND CONTENDED THAT THE IN QUANTUM PROCEEDINGS THE TRIBUNAL HAS SE T ASIDE THE ORDER OF THE CIT(A) AND RESTORED THE ISSUE TO THE FILE OF THE ASSESSING OFFICER WITH DIRECTION TO DECIDE THE SAME AFTER VERIFYING THE RELEVANT RECORD PARTIC ULARLY THE BANK STATEMENT AND THEREFORE THE PENALTY LEVIED ON SUCH ADDITION MAY BE DELETED. IN THE OPPOSITION THE LEARNED DEPARTMENTAL REPRESENTATIVE OPPOSED THE DEL ETION OF PENALTY. 3. AFTER CONSIDERING THE RIVAL SUBMISSIONS AND PERU SING THE RELEVANT MATERIAL ON RECORD IT IS NOTICED THAT THE ASSESSEE CHALLENGED T HE ADDITION IN QUANTUM PROCEEDINGS BEFORE THE TRIBUNAL. THE TRIBUNAL IN IT A NO.5717/MUM/2008 DATED 19 TH NOVEMBER 2010 SET ASIDE THE ISSUE TO THE FILE OF A.O. FOR DECISION AFRESH AFTER ITA NO.6977/MUM/2010 SMT.MAYA A.SATAM. 2 VERIFICATION OF RELEVANT RECORDS. WHEN THE ADDITION HAS BEEN RESTORED TO THE FILE OF A.O. IN OUR CONSIDERED OPINION THE PENALTY ON THI S ASPECT SHOULD ALSO BE RESTORED TO THE FILE OF A.O. FOR TAKING A FRESH DECISION IN ACCORDANCE WITH THE VIEW FINALLY TAKEN BY HIM IN RESPECT OF ADDITION IN QUANTUM PROC EEDINGS. OUR VIEW IN RESTORING THE MATTER TO THE FILE OF THE AO IS FORTIFIED BY TH E JUDGMENT OF THE HON'BLE SUPREME COURT IN THE CASE OF MOHAMMED MOHATRAM FAROOQUIVS. CIT (SC) 2010-TIOL-23- SC-IT. WE THEREFORE OVERTURN THE IMPUGNED ORDER O N THIS ISSUE AND RESTORE THE MATTER TO THE FILE OF A.O. FOR TAKING A FRESH DECIS ION AFTER DECIDING THE MATTER IN QUANTUM PROCEEDINGS. 4. IN THE RESULT THE APPEAL OF THE ASSESSEE IS ALL OWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED ON THIS 14 TH DAY OF SEPTEMBER 2011 . SD/- SD/- (VIJAY PAL RAO) (R.S.SYAL) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI : 14 TH SEPTEMBER 2011. DEVDAS* COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT CONCERNED 4. THE CIT(A) XXIX MUMBAI. 5. THE DR/ITAT MUMBAI. 6. GUARD FILE. TRUE COPY. BY ORDER ASSISTANT REGISTRAR ITAT MUMBAI.