The ITO, Ward-3(4),, Petlad v. The Shree Jalaram Finance,, Borsad

MA 245/AHD/2009 | 2000-2001
Pronouncement Date: 09-04-2010 | Result: Allowed

Appeal Details

RSA Number 24520524 RSA 2009
Bench Ahmedabad
Appeal Number MA 245/AHD/2009
Duration Of Justice 8 month(s) 17 day(s)
Appellant The ITO, Ward-3(4),, Petlad
Respondent The Shree Jalaram Finance,, Borsad
Appeal Type Miscellaneous Application
Pronouncement Date 09-04-2010
Appeal Filed By Department
Order Result Allowed
Bench Allotted B
Tribunal Order Date 09-04-2010
Assessment Year 2000-2001
Appeal Filed On 22-07-2009
Judgment Text
IN THE INCOME TAX APPELLLATE TRIBUNAL AHMEDABAD BENCHES B AHMEDABAD BEFORE S/ SHRI MAHAVIR SINGH JUDICIAL MEMBER & SH RI D.C.AGARWAL ACCOUNTANT MEMBER M.A.NO.245 & 426/AHD/2009 (ARISING OUT ITA NO.3036/AHD/2008 ASSESSMENT YEAR: 2000-01 DATE OF HEARING: 9.4.10 DRAFTED: 9.4.10 INCOME TAX OFFICER WARD-3(4) PETLAD SHREE JALARAM FINANCE 7 MANILAL MANSION NR. STATE BANK OF INDIA BORSAD PAN NO.AAJE5230P VS. VS. SHREE JALARAM FINANE 7 MANILAL MANSION NR. STATE BANK OF INDIA BORSAD JT. CIT RANGE-3 BARODA (APPELLANT) (RESPONDENT) (ORIGINAL APPELLANT) (ORIGINAL RESPONDENT) ASSESSEE BY : SHRI S.N.SOPARKAR & URVASHI SHODH AN AR REVENUE BY : SHRI M.C. PANDIT SR-DR ORDER PER MAHAVIR SINGH J.M. BY WAY OF THESE CROSS MISCELLANEOUS APPLICATION (MA ) BOTH REVENUE & ASSESSEE HAS REQUESTED FOR RE-CALLING THE ORDER IN ITA NO.3036/AHD/2009 DATED 16-11-2007 QUA ONLY ONE GROUND. 2. THE ONLY COMMON ISSUE IN THESE MA OF REVENUE AND THAT OF ASSESSEE IS AGAINST THE NON-DISPOSAL OF GROUND NO.1 OF THE ASSESSEES APPEAL IN ITA NO.3036/AHD/2004 AND THE RELEVANT GROUND READS AS UNDER:- 1. THE LD. CIT (APPEALS)-I BARODA HAS ERRED IN LA W AND IN FACTS IN CONFIRMING THE LEVY OF PENALTY U/S. 271E TO AN EXTE NT OF RS.1 07 81 778 OUT OF RS.1 15 92 222 IMPOSED BY THE LD. JCIT RANGE-3 BARODA IN DISREGARD OF THE FACT AND THE LAW. THE PENALTY OF RS.1 07 81 776 CONFIRMED IS PRAYED TO BE CANCELLED. 2 3. AFTER GOING THROUGH THE TRIBUNALS ORDER WE FIN D THAT THE FIRST GROUND AGAINST THE CONFIRMATION OF LEVY OF PENALTY U/S.271 E OF THE INCOME-TAX ACT 1961 HAS NOT BEEN ADJUDICATED BY THE TRIBUNAL. THIS BEIN G A MISTAKE APPARENT FROM THE TRIBUNALS ORDER AND WE RE-CALL THE ORDER QUA GROUND NO.1 OF THE ASSESSEES APPEAL AND REGISTRY IS DIRECTED TO FIX THE APPEAL I N DUE COURSE. THE COMMON ISSUE IN BOTH THE REVENUE AND ASSESSEES MA IS ALLO WED. 4. IN THE RESULT REVENUES MA AND THAT OF ASSESSEES MA ARE ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 09/04/2010. SD/- SD/- ( D.C.AGARWAL ) ( MAHAVIR SINGH ) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE: AHMEDABAD. DATE : 09/04/2010 DKP* COPY OF THE ORDER FORWARDED TO :- 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A)-I BARODA 5. THE DR ITAT AHMEDABAD 6. GUARD FILE (IN DUPLICATE) BY ORDER /TRUE COPY/ DR / AR ITAT AHMEDABAD