SHREE BOMBAY VISA NAGAR VANIK CAST FUND ,MUMBAI vs. INCOME TAX OFFICER (EXEMPTION) WARD 2(3), MUMBAI
Facts
The assessee filed penalty appeals against orders passed by NFAC Delhi/Ld.CIT(A) for assessment years 2013-14 and 2014-15. The assessee had requested to keep the penalty proceedings in abeyance pending the disposal of the quantum appeal for A.Y. 2013-14.
Held
The Tribunal held that in the interest of justice, the penalty appeals should be remanded to the Ld.CIT(A) to be considered along with the quantum appeal, with a direction to grant a proper opportunity of being heard to the assessee.
Key Issues
Whether the penalty appeals should be remanded to the Ld.CIT(A) to be considered along with the quantum appeal?
Sections Cited
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, MUMBAI
Before: SMT BEENA PILLAI & SMT RENU JAUHRI
IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, MUMBAI BEFORE SMT BEENA PILLAI, JUDICIAL MEMBER AND SMT RENU JAUHRI, ACCOUNTANT MEMBER ITA No.5236/M/2024 Assessment Year: 2014-15 ITA No.5237/M/2024 Assessment Year: 2013-14
Shree Bombay Visa Income Tax Office Nagar Vanik Cast Fund (Exemption) Ward 2(3), 401, Maker Bhavan 3, MTNL Building, Vs. 21 New Marine Lines, Cuballa Hill Grant Road, Mumbai- 400020. Mumbai- 400026. PAN: AAATB5212F Appellant : Respondent
Present for: Assessee by : Shri H. N. Motiwala Revenue by : Ms. Sujata P. Iyangar, Sr. A.R. Date of Hearing : 19.11.2024 Date of Pronouncement : 29.11.2024 O R D E R Per Beena Pillai, JM: Present penalty appeals are filed by the assessee against separate orders dated 22/08/2024 passed by NFAC Delhi/Ld.CIT(A) for assessment years 2013-14 & 2014-15.
ITA No.5236 & 5237/MUM/2024 Shree Bombay Visa Nagar Vanik Cast Fund 2. At the outset, the Ld.AR submitted that the quantum appeal for A.Y. 2013-14 is pending for disposal before the first appellate authority. He submitted that under such circumstances the application was made by the assessee before the both authorities to appeal to keep the penalty proceedings for the year under consideration in abeyance. It is submitted that, the request of the assessee was considered and the first appellant authority upheld the levy of penalty for the year under consideration. In the interest of justice we are of the opinion that the penalty appeal is to be remanded to the Ld.CIT(A) with a direction to consider the same alongwith the quantum appeal. Needless to say that proper opportunity may be granted to the assessee of being heard. Accordingly the grounds raised by the assessee stands partly allowed for statistical purpose for A.Y.2013-14 & 2014-15. In the result the appeal filed by the assessee stands partly allowed for statistical purpose A.Y.2013-14 & 2014-15. Order pronounced in the open court on 29.11.2024.
Sd/- Sd/- RENU JAUHRI BEENA PILLAI ACCOUNTANT MEMBER JUDICIAL MEMBER Place: Mumbai, Dated: 29.11.2024 Snehal C. Ayare, Stenographer/Dragon
ITA No.5236 & 5237/MUM/2024 Shree Bombay Visa Nagar Vanik Cast Fund Copy of the order forwarded to : 1. The Appellant 2. The Respondent 3. Ld.DR, ITAT, Mumbai 4. Guard File 5. CIT //True Copy// BY ORDER,
(Dy./Asstt. Registrar) ITAT, Mumbai
