ITO (TDS) 1(2), MUMBAI v. ARISTO PHARMACEUTICALS P. LTD, MUMBAI

ITA 2348/MUM/2009 | 2006-2007
Pronouncement Date: 24-02-2010 | Result: Dismissed

Appeal Details

RSA Number 234819914 RSA 2009
Assessee PAN AAACA4495N
Bench Mumbai
Appeal Number ITA 2348/MUM/2009
Duration Of Justice 10 month(s) 11 day(s)
Appellant ITO (TDS) 1(2), MUMBAI
Respondent ARISTO PHARMACEUTICALS P. LTD, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 24-02-2010
Appeal Filed By Department
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 24-02-2010
Assessment Year 2006-2007
Appeal Filed On 13-04-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A MUMBAI. BEFORE SHRI R.K. GUPTA J.M. AND SHRI J. SUDHAKAR REDDY A.M. I.T.A. NO. 23 48/MUM/2009 ASSESSMENT YEAR : 2006-07 THE INCOME-TAX OFFICER M/S AR ISTO PHARMACEUTICALS P. LTD. (TDS) 1(2) MUMBAI. VS. 23/A SHAH INDUSTRIAL ESTATE VEERA DESAI ROAD ANDHERI(WEST) MUMBAI 400 053. PAN AAACA4495N APPELLANT RESPONDENT APPELLANT BY : SHRI DAYA SHANKAR. RESPONDENT BY : SHRI P.K. SANGHAVI. O R D E R PER J. SUDHAKAR REDDY A.M. THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED A GAINST THE ORDER OF THE CIT(APPEALS)-XXX MUMBAI DATED 15-01-2 009 FOR ASSESSMENT YEAR 2006-07 ON THE FOLLOWING GROUNDS : 1. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN L AW THE CIT(A) WAS NOT CORRECT IN DELETING THE PENALTY U/S 271C OF THE INCOME TAX ACT. 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN L AW WHETHER THE LD. CIT(A)S SOLE RELIANCE ON THE HONBLE ITATS ORDER NO. 2832/MUM/2007 DATED 7/8/2008 FOR DELETING THE PENAL TY U/S 271C OF THE INCOMETAX ACT AMOUNTING TO RS.3 09 15 615/- IS CORRECT WHEN THE HONOURABLE ITATS ORDER ITSELF IS SUBJUDICE BEF ORE THE HONOURABLE HIGH COURT OF MUMBAI IN ITA APPEAL NO. 7 5 OF 2009. 2. AFTER HEARING RIVAL CONTENTIONS WE FIND THAT T HE FIRST APPELLATE HAD AT PARA 5 OF HIS ORDER AT PAGE 2 OBS ERVED AS FOLLOWS : 2 I FIND THAT THE HONBLE I.T.A.T. VIDE ORDER DATED 7.8.2008 ITA NO. 2832/MUM/2007 HAS DELETED THE QUANTUM ADDIT ION BY OBSERVING THAT THE ASSESSEE IN THE INSTANT CASE IS NOT LIABLE TO DEDUCT TAX UNDER SECTION 194C OF THE INCOME TAX ACT 1961. IN VIEW OF THE ABOVE DECISION OF THE HONBLE I.T.A.T. MUMBAI THE PENALTY LEVIED BY THE ASSESSING OFFICER UNDER SECTION 271C IS CANC ELLED. 3. AS THE QUANTUM WAS DELETED THE FIRST APPELLATE AUTHORITY DELETED THE PENALTY. WE FIND NO INFIRMITY IN THIS O RDER AND THUS WE DISMISS THE APPEAL OF THE REVENUE. 4. IN THE RESULT THE APPEAL OF THE REVENUE IS DIS MISSED. ORDER PRONOUNCED ON THIS 24 TH DAY OF FEBRUARY 2010. SD/- SD/- (R.K. GUPTA) (J. SUDHAKAR REDDY) JUDICIAL MEMBER. ACCOUNTANT MEMBER. MUMBAI DATED : 24 TH FEBRUARY 2010. WAKODE COPY FORWARDED TO : 1. APPELLANT. 2. RESPONDENT 3. C.I.T. 4. CIT(A) 5. DR A-BENCH. (TRUE COPY) BY ORDER ASSTT.REGISTRAR ITAT MUMBAI BENCHES MUMBAI.