Deepak Kumar Agarwal, Kolkata V. A.C.I.T., Central Circle - 3(1), Kolkata, Kolkata

CO 22/KOL/2022

AI Insights

The case involves appeals by the Revenue and cross-objections by the assessee, Deepak Kumar Agarwal, against the orders of the Commissioner of Income Tax (Appeals) - CIT(A) for the assessment years 2013-14 and 2014-15. The primary contention was regarding the deletion of a penalty under section 271(1)(c) of the Income Tax Act, 1961, which was initially levied by the Assessing Officer based on certain quantum additions. However, these additions were later deleted by the Tribunal in a separate order. The Department's appeal argued that there were ongoing proceedings in the Supreme Court related to similar issues, but the Tribunal found no basis to overturn the CIT(A)'s decision to delete the penalty, given the prior deletion of the quantum additions.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 128214 (ITAT-KOLKATA)
• Duration Of Justice: 1 month(s) 25 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 20-02-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 20-02-2023
• Assessment Year: 2013-2014
• Appeal Filed On: 25-12-2022
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 271(1)(c); 250

Judgement Text

आयकर अपीलȣय अͬधकरण, कोलकाता पीठ ‘ए’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH KOLKATA Įी संजय गग[, ÛयाǓयक सदèय एवं Įी मनीष बोरड, लेखा सदèय के सम¢ Before Shri Sanjay Garg, Judicial Member and Dr. Manish Borad, Accountant Member I.T.A Nos.549&550/Kol/2022 Assessment years: 2013-14 & 2014-15 ACIT, CC-3(1), Kolkata...............................................................Appellant vs. Deepak Kumar Agarwal...............................................................Respondent 38B, Panditya Road, Tower 01, Fort Oasis 6 th Floor, Flat No.603, Kolkata-700019. [PAN: ABSPA2276K] C.O No.22&23/Kol/2022 (in I.T.A Nos.549&550/Kol/2022) Assessment years: 2013-14 & 2014-15 Deepak Kumar Agarwal............................................................Cross-Objector 38B, Panditya Road, Tower 01, Fort Oasis 6 th Floor, Flat No.603, Kolkata-700019. [PAN: ABSPA2276K] vs. ACIT, CC-3(1), Kolkata.................................................................Respondent Appearances by: Shri Subhrajyoti Bhattacharjee, CIT-DR, appeared on behalf of the appellant. Shri Siddharth Jhajharia, AR, appeared on behalf of the Respondent. Date of concluding the hearing : February 21, 2023 Date of pronouncing the order : February 21, 2023 आदेश / ORDER संजय गग[, ÛयाǓयक सदèय ɮवारा / Per Sanjay Garg, Judicial Member: The captioned are the appeals have been preferred by the Revenue and corresponding cross-objections by the assessee against the separate I.T.A Nos.549&550/Kol/2022 & C.O No.22&23/Kol/2022 Assessment years: 2013-14 & 2014-15 Deepak Kumar Agarwal 2 orders both dated 29.07.2022 of the Commissioner of Income Tax-21, Kolkata [hereinafter referred to as the ‘CIT(A)’] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as the ‘Act’). 2. The department, in this appeal, has contested the action of the CIT(A) in deleting the penalty levied by the Assessing Officer u/s 271(1)(c) of the Act. 3. The ld. CIT(A) has deleted the penalty observing that since the quantum additions made by the Assessing Officer, which was the very basis for the levy of penalty, stood deleted by the Tribunal vide order dated 10.05.2019 passed in ITA No.s125&126/Kol/2018, therefore, the corresponding penalty u/s 271(1)(c) of the Act had become infructuous. 4. Now, the Department has come in appeal pleading that the Department has filed some SLP in some another case before the Hon’ble Supreme Court, wherein, the identical issues relating to the quantum additions as in the case of the assessee is involved. May it be so, however the fact on file is that the quantum additions, on the basis of which the impugned penalty was levied by the Assessing Officer, stood deleted by the Tribunal and therefore, the impugned penalty has no legs to stand. We, therefore, do not find any infirmity in the order of the CIT(A) and the same is upheld. 5. So far as the cross-objections filed by the assessee are concerned, the assessee has not put any grievance against the order of the CIT(A). I.T.A Nos.549&550/Kol/2022 & C.O No.22&23/Kol/2022 Assessment years: 2013-14 & 2014-15 Deepak Kumar Agarwal 3 6. In view of this, the present appeals of the Revenue as well as cross- objections of the assessee are hereby dismissed. Kolkata, the 21 st February, 2023. Sd/- Sd/- [डॉÈटर मनीष बोरड /Dr. Manish Borad] [संजय गग[ /Sanjay Garg] लेखा सदèय /Accountant Member ÛयाǓयक सदèय /Judicial Member Dated: 21.02.2023. RS Copy of the order forwarded to: 1. ACIT, CC-3(1), Kolkata 2. Deepak Kumar Agarwal 3. CIT(A)- 4. CIT- , 5. CIT(DR), //True copy// By order Assistant Registrar, Kolkata Benches