Asst.C.I.T., Bellary V. Smt. Lakshmi Singh, Hospet

ITA 1003/BANG/2016

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 5353 (ITAT-BANGALORE)
• Duration Of Justice: 11 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-05-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 16-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: K G ADARSHA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BENCH A BEFORE SHRI A RUN KUMAR GARODIA , ACCOUNTANT MEMBER AND SHRI VIJAY PAL RAO , JUDICIAL MEMBER I.T.A. NO. 1003 /BANG/201 6 (ASSESSMENT YEAR : 20 05 - 06 ) ASST. COMMISSIONER OF INCOME TAX, CIRCLE 1, BEL LARY. VS. SMT. SUNITA BAI, BUS OWNER, K.R. ROAD, RANIPET, HOSPET. PAN AVDPS 5690L APPELLANT RESPONDENT. APPELLANT BY : SMT. SWAPNA DAS, JCIT (DR) (ITAT) - 2, BENGALURU. RESPONDENT BY : SHRI K.G. ADARSHA, C.A. DATE OF H EARING : 11.05.2017. DATE OF P RONOUNCEMENT : 12 .05. 201 7 . O R D E R PER SHRI VIJAY P AL RAO, J. M. : THIS APPEAL BY THE REVENUE IS DIRE CTED AGAINST THE ORDER DT.12.02.2016 OF COMMISSIONER OF INCOME TAX (APPEALS) PANAJI - 2, ARISING FROM PENALTY LEVIED UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961 (IN SHORT 'THE ACT') FOR THE ASSESSMENT YEAR 2005 - 06. 2. THE REVENUE HAS RAISED THE FO LLOWING GROUNDS : 2 ITA NO. 1003 /BANG/ 201 6 3. WE HAVE HEARD THE LEARNED D.R. AS WELL AS LEARNED A.R. AND CONSIDERED THE RELEVANT MATERIAL ON RECORD. AT THE OUTSET, WE NOTE THAT IN THE QUANTUM APPEAL, THE TRIBUNAL DELETED THE ADDITION MADE BY THE ASSESSING OFFICER IN THE ASSESSMENT UNDER SECTION 153C OF THE ACT VIDE ORDER DT.9.12.2014 IN ITA NO.112/PNJ/2014. THOUGH THE REVENUE CHALLENGED THE SAID ORDER OF THIS TRIBUNAL BEFORE THE HON'BLE HIGH COURT HOWEVER THE HON'BLE JURISDICTIONAL HIGH COURT VIDE ITS DECISION DT.12.01. 2017 HAS DISMISSED THE APPEAL OF THE REVENUE AND UPHELD THE ORDER OF THE TRIBUNAL. THE RELEVANT PART OF DECISION OF HON'BLE HIGH COURT IN PARA 7 AS UNDER : 3 ITA NO. 1003 /BANG/ 201 6 4 ITA NO. 1003 /BANG/ 201 6 SINCE THE QUANTUM IS NO MORE IN EXISTENT THEREFORE THE PENALTY LEVIED UNDER SECTION 271(1)(C ) OF THE ACT COULD NOT SURVIVE. ACCORDINGLY, WE DO NOT FIND ANY ERROR OR ILLEGALITY IN THE ORDER OF CIT (APPEALS) IN DELETING THE PENALTY LEVIED. 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 12TH MAY, 201 7 . SD/ - (A RUN KUMAR GARODIA ) ACCOUNTANT MEMBER SD/ - (VIJAY PAL RAO) JUDICIAL MEMBER BANGALORE, DT. 12 .05. 2017. *REDDY GP COPY TO : 1 APPELLANT 4 CIT(A) 2 RESPONDENT 5 DR. ITAT, BANGALORE 3 CIT 6 GUARD FILE ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL BANGALORE.