The Dy. CIT. C.C-3(4), Mumbai v. Ziauddin A. Siddique
[Citation -2016-LL-0926-53]
| Citation | 2016-LL-0926-53 |
|---|---|
| Appellant Name | The Dy. CIT. C.C-3(4), Mumbai |
| Respondent Name | Ziauddin A. Siddique |
| Court | ITAT-Mumbai |
| Relevant Act | Income-tax |
| Date of Order | 26/09/2016 |
| Assessment Year | 2005-06 |
| Judgment | View Judgment |
| Keyword Tags | quantum appeal |
| Bot Summary: | Date of Hearing: 26/09/2016 Date of Pronouncement: 26/09/2016 ORDER PER RAM LAL NEGI, JM This appeal has been preferred by the assessee against order dated 09/09/2015 passed by the Ld. CIT(Appeals)-51 Mumbai for the Asst. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in deleting the penalty without appreciating the fact that at the time of levy of penalty, addition was confirmed and as on date appeal is still pending before the Hon ble ITAT. 3. At the very outset the Ld. Counsel for the assessee submitted that ITAT has decided the quantum appeal ITA No. 5182/Mum/2011 for the Asst. Year 2005-06 in favour of the assessee therefore, the present appeal is liable to be set aside. We have heard the rival submissions and also perused the material placed on record including the quantum appeal order passed by the coordinate Bench for the assessment year 2005-06. Since, the quantum appeal has been decided in favour of the assessee, the penalty order does not survive. In the result appeal filed by the revenue for the Asst. |