ACIT, Agra V. Dr. Ajay Prakash, HUF, Agra

ITA 11/AGR/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 7065 (ITAT-AGRA)
• Duration Of Justice: 1 year(s) 3 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-04-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 18-04-2011
• Assessment Year: 1998-1999
• Appeal Filed On: 18-01-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: APPLICATION REJECTED

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA BEFORE SHRI P.K. BANSAL, ACCOUNTANT MEMBER AND SHRI H.S. SIDHU, JUDICIAL MEMBER ITA NO. 11/AGRA/2010 ASSTT. YEAR : 1998-99 A.C.I.T.-1, VS. SH. (DR.)AJAY PRAKASH HUF, AGRA. 49, OLD VIJAY NAGAR, COLONY, AGRA (PAN : AAVHA 0401 N) (APPELLANT) RESPONDENT) FOR APPELLANT : SHRI VINOD KUMAR, JR. DR FOR RESPONDENT : APPLICATION REJECTED ORDER PER P.K. BANSAL, A.M. : THIS APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE ORDER DATED 01.10.2009 OF CIT(A), BY WHICH THE CIT(A) DELETED THE PENALTY IMPOSED U/S . 271(1)(C). 2. NONE APPEARED ON BEHALF OF THE ASSESSEE EVEN THO UGH ADJOURNMENT WAS SOUGHT VIDE LETTER DATED 13.04.2011. AS THERE WAS NO PLAUSIBLE REASON, THE ADJOURNMENT WAS REJECTED AND WE DECIDED TO DISPOSE OF THIS APPEAL AFTER HEARING THE LEARNED DR. WE NOTED THAT IN THIS CASE, THE TRIBUNAL HAS QUASHED THE ASSESSMENT ORDER VIDE ORDE R DATED 31.08.2009 IN ITA NO. 49/AGRA/2008 FOR THE ASSESSMENT YEAR 1998-99. IN VI EW OF THE QUASHING OF THE ASSESSMENT ORDER BY THE TRIBUNAL, THE CIT(A) HAS DELETED THE PENALTY IMPOSED U/S. 271(1)(C). IN VIEW OF THIS FACT, IN OUR OPINION, NO INTERFERENCE IS CALLED FOR IN TH E ORDER OF CIT(A) AND THE CIT(A) HAS RIGHTLY DELETED THE PENALTY. WE ACCORDINGLY, CONFIRM THE OR DER OF CIT(A). 3. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18.04.2011. SD/- SD/- (H.S. SIDHU) (P.K. BANSAL) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 18 TH APRIL, 2011 2 *AKS/- COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A) BY ORDER 4. CIT, CONCERNED 5. DR, ITAT, AGRA 6. GUARD FILE ASSISTANT REGISTRAR TRUE COPY