ITO - 1(1)(3), MUMBAI vs. M/S FILM WAVES COMBINES P. LTD., MUMBAI
In the result, the appeal filed by the revenue is hereby dismissed and cross objection filed by the assessee is hereby allowed
ITA 170/MUM/2021[2010-11]Status: DisposedITAT Mumbai29 Apr 2022AY 2010-11
Bench: Shri Amarjit Singh, Jm & Amarjit Singh, Am आयकर अपील सं/ I.T.A. No. 170/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2010-11) Ito-1(1)(3) बिधम/ M/S. Film Waves Combines Room No.531A, 5Th Floor, Pvt. Ltd. Vs. 7Th Floor, Mehta Mahal, Aayakar Bhavan, M. K. Opera House, Mumbai- Road, Mumbai-400020. 400004. & Cross Objection No.10/Mum/2022 आयकर अपील सं/ I.T.A. No. 170/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2010-11) M/S. Film Waves Combines बिधम/ Ito-1(1)(3) Room No.531A, 5Th Floor, Pvt. Ltd. Vs. 7Th Floor, Mehta Mahal, Aayakar Bhavan, M. K. Opera House, Mumbai- Road, Mumbai-400020. 400004. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacf2525Q (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Achal Sharma (Dr) Assessee By: Shri P.P. Bhandari सुनवाई की तारीख / Date Of Hearing: 28/02/2022 घोषणा की तारीख /Date Of Pronouncement: 29/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue As Well As Assessee Have Filed The Above Mentioned Appeal As Well As Cross-Objection Against The Order Dated 24.09.2020 Passed By The Commissioner Of Income Tax (Appeals)-48, Mumbai [Hereinafter C.O. No.10/Mum/2022 A.Y.2010-11 Referred To As The “Cit(A)”] Relevant To The A.Y.2010-11 In Which The Penalty Levied By The Ao Has Been Ordered To Be Deleted.
For Appellant: Shri P.P. BhandariFor Respondent: Shri Achal Sharma (DR)
Section 143(3)Section 269SSection 271DSection 273BSection 274
…urt who dismissed the appeal of the revenue in the case of CIT Vs. Hissaria Bros. 386 ITR 719. No doubt, at the time of argument, the Ld. Representative of the DR has strongly placed reliance upon the decision in the case of Grhalakshmi Vision Vs. ACIT (2015) 379 ITR 100 in which it is specifically held that the penalty is liable to be reckoned from the notice issued by ACIT but in the instant case also if the period be reckoned from the initiation of notice by ACIT then the limitation period 5 C.O. No.10/Mum/2022 A.Y.2010-11 has also been expired that the said decision is contrary to the decision of the Hissari…