R.M. INVESTMENT & TRADING CO. LTD,KOLKATTA vs. DCIT CEN CIR 1(2), MUMBAI

PDF · subscribers
ITA 2039/MUM/2015Status: DisposedITAT Mumbai20 December 2016AY 2008-092 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the penalty appeal to the file of the CIT(A) for fresh adjudication. The CIT(A) was directed to decide the penalty appeal along with the quantum appeal.

What were the facts?

The assessee filed an appeal against a penalty order under section 271(1)(c). The quantum appeal proceedings had been restored to the CIT(A) for fresh consideration by a co-ordinate bench.

What were the issues?

Whether the penalty appeal should be adjudicated independently or be decided along with the restored quantum appeal.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, MUMBAI BENCH “D”, MUMBAI

Before: SHRI C.N. PRASAD & SHRI MANOJ KUMAR AGGARWAL

For Appellant: Shri Haresh P. Kenia, A.R
For Respondent: Smt. R. M. Madhavi, D.R
Hearing: 30.11.2016Pronounced: 20.12.2016

Per C.N. Prasad, Judicial Member:

1.

This appeal is filed by the assessee against the order of the Commissioner of Income Tax (Appeals)-36, Mumbai [hereinafter referred to as the CIT(A)] dated 27.02.2015 for the assessment year 2008-09 in sustaining the penalty levied under section 271(1)(c) of the Act.

2.

The Ld. Counsel for the assessee at the outset submits that the appeal in quantum proceedings has been restored to the file of the Ld. CIT(A) by the co- ordinate bench in of 2011 dated 09.07.15 for denovo consideration.

3.

The Ld. D.R. has no serious objection in remitting the appeal to the file of the Ld. CIT(A).

2 M/s. R.M. Investment & Trading Co. Pvt. Ltd.

4.

We have heard the rival contentions and perused the orders of the authorities below and the co-ordinate bench in quantum proceedings in ITA No.8346 of 2011 dated 09.07.15. We find that the co-ordinate bench has restored the quantum appeal to the file of the Ld. CIT(A). Since the outcome of the appeal in quantum proceedings before the Ld. CIT(A) has a direct bearing on the penalty appeal, we restore the penalty appeal also to the file of the Ld. CIT(A) who shall decide along with the quantum appeal in accordance with law.

5.

Thus, the appeal filed by the assessee is restored to the Ld. CIT(A) who shall decide after providing adequate opportunity of being heard to the assessee.

6.

In the result, appeal of the assessee is allowed for statistical purposes.

Order pronounced in the open court on 20.12.2016.

More judgments on Section 271(1)(c)

All 25,141 judgments and leading authorities on Section 271(1)(c) →

Recent GST High Court judgments

Search GST case law →