Appeal Details
Counselvise Citation
[2021] 107 COUNSELVISE.COM (IT) 4368 (ITAT-AHMEDABAD)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
2 year(s) 2 month(s) 3 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
13-09-2021
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
D
Assessment Year
2012-2013
Appeal Filed On
10-07-2019
Judgement Text
ITA NO.1156/AHD/2019 A.Y. 2012-13 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD D BENCH, AHMEDABAD BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER A ND MS. MADHUMITA ROY, JUDICIAL MEMBER ITA NO.1156/AHD/2019 ASSESSMENT YEAR: 2012-13 M/S. DHARMARAJ JEWELLERS, VS. ASSTT. COMMIS SIONER OF INCOME TAX, 5-6, NAVNIT PLAZA, CIRCLE 5(2), AHMEDA BAD. NR. MUNICIPAL MARKET, C.G. ROAD, AHMEDABAD. [PAN AACFD 4300 L] (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI BIREN SHAH, A.R. RESPONDENT BY : DR. SHYAM PRASAD, SR. D.R. DATE OF HEARING : 08.09.2021 DATE OF PRONOUNCEMENT : 13.09.2021 O R D E R PER PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER : THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTANCE OF THE ASSESSEE AGAINST THE ORDER OF THE LEARNED CIT(A) DATED 27.05.2019 CO NFIRMING ACTION OF THE ASSESSING OFFICER TOWARDS IMPOSING PENALTY OF RS.4,10,715/- U NDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961. 2. WHEN THIS APPEAL WAS CALLED OUT FOR HEARING, LEA RNED COUNSEL FOR THE ASSESSEE INVITED OUR ATTENTION TO THE FACT THAT THE RELATED QUANTUM ADDITION ITSELF, VIDE ORDER DATED 14.10.2019 PASSED BY THIS TRIBUNAL, STANDS DE LETED. IN THIS VIEW OF THE MATTER, THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITS, THIS PENALTY SHOULD ALSO BE DELETED. 3. LEARNED DEPARTMENTAL REPRESENTATIVE DOES NOT OPP OSE THE PAYER SO MADE BY THE ASSESSEE. 4. AS THE RELATED QUANTUM ADDITION ITSELF STANDS DE LETED, THE VERY FOUNDATION OF IMPUGNED PENALTY CEASES TO HOLD GOOD IN LAW. WE, T HEREFORE, DELETE THE IMPUGNED PENALTY. ORDERED ACCORDINGLY. ITA NO.1156/AHD/2019 A.Y. 2012-13 PAGE 2 OF 2 5. IN THE RESULT, APPEAL IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON THIS 13 TH DAY OF SEPTEMBER, 2021. SD/- SD/- (MADHUMITA ROY) (PRADIP KUMAR KEDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD, THE 13 TH DAY OF SEPTEMBER, 2021 PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER UE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD
