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Income Tax Appellate Tribunal, MUMBAI BENCH “G”, MUMBAI
Before: SHRI AMIT SHUKLA & SHRI RAMIT KOCHAR
ITA No. : 597/Mum/2014 (Assessment year: 2008-09) Asst Commissioner of Income Tax Vs M/s Ganesh Realty P Ltd, CC 39/Cent Cir 6(4), DN 215, Second Floor, R. No. 32(1), Ground Floor, Plot no. 6, Sector 11, Aayakar Bhavan, Dronagiri -400 702 �थयी लेखा सं.:PAN: AACCG 7367 B M K Road, Mumbai -400 020 अपीलाथ� (Appellant) ��यथ� (Respondent) Appellant by Shri Rajesh Ojha Shankar : Respondent by : Shri Ramesh Jain सुनवाई क� तार�ख /Date of Hearing : 04-11-2015 घोषणा क� तार�ख /Date of Pronouncement : 04-11-2015 आदेश ORDER अिमत शु�ला, �या. स.: PER AMIT SHUKLA, JM: The aforesaid appeal has been filed by the revenue against impugned order dated 30.10.2011, passed by CIT(A)-41, Mumbai, in relation to the penalty proceedings u/s 271(1)(c) for the assessment year 2008-09. The revenue is mainly aggrieved by levy of penalty of Rs. 19,55,970/- on account of addition made u/s 69C of Rs. 63,30,000/-.
At the outset, it has been admitted by the parties that in the quantum proceedings, the Tribunal vide order dated 22.03.2013 in & 8156/Mum/2011 has deleted the said addition.
In view of the aforesaid fact that the addition itself has been deleted by the Hon’ble Tribunal in the quantum proceedings, the 2 M/s Ganesh Realty P Ltd CIT(A) stands confirmed.
In the result, appeal of the revenue is dismissed. Order pronounced in the open court on 4th November, 2015.