MOHD. FAROOQ SARANG,MUMBAI vs. DCIT CEN CIR 36, MUMBAI

Per Bench: -

1. 1. In the aforesaid appeals for Assessment Years [in short referred to as ‘AY’] 2003-04, 2006-07 & 2007-08, the assessee is aggrieved by levy as well as confirmation of penalty u/s 271(1)(c). The quantum of penalty for AY 2003-04 is Rs.23.98 Lacs, Rs.13.19 Lacs for AY 2006-07 & Rs. 39.11 Lacs for AY 2007-08.

2. The learned Authorized Representative for Assessee (AR), at the outset, drew our attention to the fact that quantum additions against which the impugned penalties were imposed, were contested by the assessee before this Tribunal vide & others for AYs 2003-04 to 2007-08 common order dated 01/07/2019. The attention has been drawn to the fact that quantum additions for years under consideration, has already been deleted by the Tribunal, finding merits in assessee’s submissions and therefore, the impugned penalties would not survive. A copy of the order has been placed on record. The learned DR could not controvert the said fact.

3. In view of the admitted position, since quantum additions have already been deleted by Tribunal, the penalties would not survive in all the three years. Hence by deleting the same, we allow all the appeals.

4. All the appeals stand allowed. to 4455/Mum/2015 Shri Mohd. Farooq Sarang Assessment Years: 2003-04, 2006-07 & 2007-08 Order pronounced in the open court on 21st November, 2019 Sd/- Sd/- (Mahavir Singh) (Manoj Kumar Aggarwal) �ाियक सद� / Judicial Member लेखा सद� / Accountant Member मुंबई Mumbai; िदनांक Dated : 21/11/2019 Sr.PS:-**PP,SPS आदेश की �ितिलिप अ�ेिषत/Copy of the Order forwarded to : अपीलाथ�/ The Appellant 1. ��थ�/ The Respondent 2. आयकरआयु�(अपील) / The CIT(A) 3. आयकरआयु�/ CIT– concerned 4. िवभागीय�ितिनिध, आयकरअपीलीयअिधकरण, मुंबई/ DR, ITAT, Mumbai 5. गाड�फाईल / Guard File 6. आदेशानुसार/ BY ORDER,

उप/सहायकपंजीकार (Dy./Asstt.Registrar) आयकरअपीलीयअिधकरण, मुंबई / ITAT, Mumbai. to 4455/Mum/2015 Shri Mohd. Farooq Sarang Assessment Years: 2003-04, 2006-07 & 2007-08 Sr. No. Details Date Initials Designation 1 Draft dictation sheets are attached/Part dictation copy 21-11-2019 P.P Sr.PS encl. Order final by Hon. AM Draft dictated on 3 Draft Placed before author 21-11-2019 P.P -“- 4 Draft proposed & placed before the Second Member 5 Draft discussed/approved by Second Member 6 Approved Draft comes to the Sr.PS/PS 22-11-19 P.P 7 Order pronouncement on 21-11-19 P.P 8 File sent to the Bench Clerk 22-11-19 P.P 9 Date on which the file goes to the Head clerk 10 Date on which file goes to the AR 11 Date of Dispatch of order