Latest Expert Exchange Queries
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
 
 
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Service Tax | Sales Tax | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Indirect Tax | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing
 
 
 
 
Popular Search: ACCOUNTING STANDARD :: TAX RATES - GOODS TAXABLE @ 4% :: form 3cd :: articles on VAT and GST in India :: list of goods taxed at 4% :: due date for vat payment :: Central Excise rule to resale the machines to a new company :: VAT Audit :: ARTICLES ON INPUT TAX CREDIT IN VAT :: ACCOUNTING STANDARDS :: VAT RATES :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: cpt :: TDS :: empanelment
 
 
From the Courts »
 M/S TEJ QUEBCOR PRINTING LTD. Vs. JOINT COMMISSIONER OF INCOME TAX
 Principal Commissioner Of Income Tax (Central) Vs. M/s A2z Maintenance & Engineering Services Ltd.
 Pr. Commissioner Of Income Tax-19 Vs. Shri Neeraj Jindal
 Rollatainers Ltd. Vs. Commissioner Of Income Tax
 CIT vs. G K K Capital Markets (P) Limited (Calcutta High Court)
 CIT vs. Arpit Land Pvt. Ltd (Bombay High Court)
 CIT vs. Abacus Distribution Systems (India) Pvt. Ltd (Bombay High Court)
  ACIT vs. Mahesh K. Shah (ITAT Mumbai)
  Malay N. Sanghvi vs. ITO (Bombay High Court)
 Pr. Commissioner Of Income Tax-Xviii Vs. Praveen Saxena
 Unitech Hospitality Services Limited Vs. Assistant Commissioner Of Income Tax

ACIT, Cent. Cir.25, Room No.404, 4th Floor,Aayakar Bhavan,Mumbai 400 020 Vs. Shri Yogesh Popatlal Thakkar, 41, Jeswani House, M.G. Road,Panvel, Navi Mumbai 410 206
December, 18th 2014
               IN THE INCOME TAX APPELLATE TRIBUNAL,
                      MUMBAI BENCH "G", MUMBAI

       BEFORE SHRI B.R. BASKARAN, ACCOUNTANT MEMBER AND
               SHRI SANJAY GARG, JUDICIAL MEMBER

                                ITA No.2599/M/2012
                              Assessment Year: 2007-08

        ACIT, Cent. Cir.25,                  Shri Yogesh Popatlal Thakkar,
        Room No.404, 4th Floor,              41, Jeswani House,
        Aayakar Bhavan,                  Vs. M.G. Road,
        Mumbai ­ 400 020                     Panvel,
                                             Navi Mumbai ­ 410 206
                                             PAN: AAPPT 1825P
             (Appellant)                        (Respondent)


      Assessee by                 : Shri Manish Sanghavi, A.R.
      Revenue by                  : Shri R.N. D'Souza, D.R.

      Date of Hearing             : 22.10.2014
      Date of Pronouncement       : 17.12.2014

                                    ORDER


Per Sanjay Garg, Judicial Member:

      The present appeal has been preferred by the Revenue against the order
dated 30.01.2012 of the Commissioner of Income Tax (Appeals) [(hereinafter
referred to as CIT(A)]. The Revenue has agitated the action of the Ld. CIT(A)
in reducing/directing the Assessing Officer (hereinafter referred to as the AO)
to levy penalty under section 271(1)(c) of the Income Tax Act.




2.    At the outset, the Ld. AR for the assessee has brought our attention to
the order of the Tribunal in the own case of the assessee passed in ITA
Nos.3372 & Ors./M/2010 decided on 09.04.2013 and submitted that the issues
in relation to which the additions/disallowances were made and consequent
penalty was levied by the AO have been set aside by the Tribunal to the file of
                                          2                                ITA No.2599/M/2012
                                                                    Shri Yogesh Popatlal Thakkar


the AO vide the said order dated 09.04.2013 for decision afresh. He has
therefore submitted that since the order of the AO relating to issues upon
which the additions/disallowances were made has been set aside by the
Tribunal, hence the consequential penalty cannot be sustained.
The Ld. D.R., after going through the order of the Tribunal dated 09.04.2013,
has also agreed that the matter relating to quantum additions has been set aside
by the Tribunal to the file of the AO for decision afresh.

3.       Since the order of the AO on the issues in relation to which the quantum
additions were made has already been set aside by the Tribunal for decision
afresh, hence the very basis upon which the consequential penalty was levied
has ceased to exist. Therefore, the consequential penalty is not sustainable in
the eyes of law and the same is accordingly ordered to be deleted.




3.1      However, before parting with the order it is clarified that if the AO will
find during the fresh assessment proceedings that the case of the assessee is
also fit for levy of penalty in terms of the fresh assessment order, he will be at
liberty to initiate fresh penalty proceedings accordingly.

4.       In the result, the appeal of the Revenue is hereby dismissed.




                  Order pronounced in the open court on 17.12.2014.



         Sd/-                                                Sd/-
   (B.R. Baskaran)                                      (Sanjay Garg)
ACCOUNTANT MEMBER                                   JUDICIAL MEMBER

Mumbai, Dated: 17.12.2014.
* Kishore, Sr. P.S.
                                            3                             ITA No.2599/M/2012
                                                                   Shri Yogesh Popatlal Thakkar


Copy to: The Appellant
        The Respondent
        The CIT, Concerned, Mumbai
        The CIT (A) Concerned, Mumbai
        The DR Concerned Bench
//True Copy//                           [




                                                By Order



                              Dy/Asstt. Registrar, ITAT, Mumbai.

 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2017 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Organic SEO Outsourcing Organic Search Engine Optimization Outsourcing Organic Website SEO Organic SEO India Website SEO India Organic Search Engine Optimization India Organic Internet SEO India Organic Web

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions