RIVERSIDE PAPER MILLS PVT.LTD.,BARODA vs. THE ACIT.,CIRCLE-4, SURAT

66 3TY 3tlaily 3f840T,4ra =4ryra , 3a IN THE INCOME TAX APPELLATE TRIBUNAL SURAT BENCH, SURAT sf H.urof;, 74f4s 44+4 741 si 3.4t.Har, du Ha+y & HA8 BEFORE SHRI CM.GARG, JUDICIAL MEMBER AND SHRI O.P.MEENA, ACCOUNTANT MEMBER 31T.3T.&.I.T.A No.2357 /AHD/2015 ferur #d/Assessment Year 2005-06 Riverside Paper Mill Pvt. Ltd: Vs: Assistant Commissioner of Income c/o.JRS Patel & Co-, Tax, Chartered Accountants,1 06, Circle-4, Aayakar Bhavan, Anurag Commercial Centre, Surat. R.C Dutt Road, Alkapuri, Baroda 390 007 . PAN:AABCRI O4OH 3ralareff Appellant 9cyuf/Respondent fauffxat &1 3k # /Assessee by None written submissions filed: TTaFFa &1 3/ 4 /Revenue by Shri B. P_ K. Panda, Sr. D.R 47 at Tdl} 4 arl Date of hearing: 1 1.01.2018 3qulyu1T #1 <rTo Pronouncement 1 2.01.2108 1 on 9i8 HC8L [QRDER PER QPMEENA_ACCOUIANT MEMBER:

1 This appeal by the Assessee is directed against the order dated 01.07.2015 of Commissioner of Income-tax (Appeals)-Il, Surat (in short CIT(A)) and relates to assessment year 2005-06, in confirming the penalty of Rs.48,26,612/-u/s.271(1)c) of the Act: 2 At the outset of hearing before US, written submissions were filed by the learned Counsel for the assessee wherein it was submitted that the issue on which X; ' .. Riverside Paper Mill Pvt: Ltd. L.T.A: No.2357/Ahd/2015/A.Y.05-OE penalty was levied has been set-aside by the Tribunal to the file of CIT (A) with direction to re-adjudicate the appeal as afresh on merits after providing opportunity for hearing to the both parties vide ITA no. 1116/Ahd/2013 dated 12. 09. 2016. Therefore, it was urged upon to set-aside the captioned appeal to the file of CIT (A) in the larger interest of justice: 3 We have considered the written submissions and heard the Id. Sr. D.R: We find that the entire appeal has been set-aside to the file of the CIT (A) for re-adjudication of the issue afresh: Thus, the issue on which penalty levied stands set aside to the file of the CIT (A) for fresh decision by the order of Tribunal supra): Thus, the issue on which penalty is levied is no longer survived; therefore, penalty levied is not maintainable as of now. Accordingly, we set-aside this penalty appeal to the file of the CIT (A) for re-adjudication as and when the quantum appeal is decided by CIT(A) in pursuance of Tribunal Order(supra) 4_ In the result, the appeal of the assessee set-aside to the file of the CIT(A): Order pronounced in the open Court on 12mh day of January 2018. (t.vajaf) /(CM: GARG) (31t . #.Ha) /(O.P.MEENA) 741744 HGF4IJUDICIAL MEMBER cTut 7a+4/ ACCOUNTANT MEMBER FTI Surat: faaly IDated 12th January 2018/OPM Copy sent to- Assessee/AO/Pr. CIT / CIT (A)/ ITAT (DR)/Guard file of ITAT: # SeF By order 3 Uau} | [1 | 'gg/-l? Assistant Registrar, Surat: Vo 8at4en qoifor ar excity 3477 E7 7i4iia, 8a. 744r8