EVERSMILE CONSTRUCTION CO. P.LTD,MUMBAI vs. DCIT CEN CIR 5, MUMBAI

This appeal filed by the assessee on 7.4.2014 is against the order of the CIT (A)-36, Mumbai dated 10.2.2014 for the assessment year 2003-2004. In this appeal, the only issue involved is the levy of penalty u/s 271(1)(c) of the Act.

At the outset, Ld Counsel for the assessee briefly narrated the facts of the case and mentioned that in the regular assessment, AO made addition of Rs. 1.7 Crs vide para 7 of the assessment order and this issue was eventually restored to the file of the AO vide para 7 of the order of the Tribunal in (2003- 2004), dated 5.7.2016 and the appeal was accordingly allowed for statistical purposes. In this regard, he read out the relevant lines from the said para 7 of the Tribunal’s order (supra) and the same read as under:- “7............Therefore, the order passed by the CIT (A) is wrong against law and facts and is not liable to be sustainable in the eyes of law. Accordingly, we set aside the order of the order passed by the CIT (A) in question and restore the file before the AO to provide an opportunity to cross examine Shri Ashok H. Pamani and pass the fresh order in accordance with law.