Sh. Radhey Krishan Sharma, Ludhiana V. ITO, W-2, Malerkotla

ITA 1255/CHANDI/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 0647 (ITAT-CHANDIGARH)
• Duration Of Justice: 5 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 03-10-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANJIT SINGH
• Keywords: Set aside
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH SMC, CHANDIGARH BEFORE SHRI N.K. SAINI, VICE PRESIDENT ITA NO. 1255/CHANDI/2018 (ASSESSMENT YEAR : 2010-11) SH. RADHEY KRISHNAN SHARMA S/O SH. SURAJ DEV SHARMA, 432, G.K.ESTATE, MUNDIAN KALAN, CHANDIGARH ROAD, LUDHIANA VS. ITO WARD- 2, MALERKOTLA APPELLANT RESPONDENT ASSESSEE BY : SHRI SUDHIR SEHGAL, ADV. DEPARTMENT BY : SHRI MANJIT SINGH, CIT(DR) DATE OF HEARING :27/03/2019 DATE OF PRONOUNCEMENT :27/03/2019 O R D E R PER N.K. SAINI, VICE PRESIDENT : THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDER DATED 21.08.2018 OF LD. CIT(A)- 2, LUDHIANA. (2) THE ONLY GRIEVANCE OF THE ASSESSEE IN THIS APPE AL RELATES TO THE SUSTENANCE OF PENALTY AMOUNTING TO RS. 62,380/- LEVIED BY THE AO U/S 271(1)(C) OF THE INCOME TAX ACT, 1961 (THE ACT FOR SHORT). (3) DURING THE COURSE OF HEARING, THE LD. COUNSEL F OR THE ASSESSEE SUBMITTED THAT THE AO WRONGLY COMPUTED THE PENALTY AT RS. 62,380/- INS TEAD OF RS.22,340/-. HE REQUESTED TO SEND THIS CASE BACK TO THE FILE OF THE AO FOR VE RIFICATION AND COMPUTATION OF THE CORRECT AMOUNT OF PENALTY U/S 271(1)(C) OF THE ACT. (4) THE LD. CIT(DR) DID NOT OBJECT IF THE MATTER TO BE SENT BACK TO THE AO FOR VERIFICATION OF THE PENALTY TO BE LEVIED U/S 271(1) (C) OF THE ACT. (5) IN VIEW OF THE ABOVE THIS ISSUE IS SET ASIDE TO THE FILE OF THE AO FOR VERIFICATION AND WORKING OUT OF THE CORRECT AMOUNT OF PENALTY, IF AN Y, TO BE LEVIED U/S 271(1)(C) OF THE ACT. (6) IN THE RESULT, THE APPEAL OF THE ASSESSEE IS AL LOWED FOR STATISTICAL PURPOSES. (ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY 27/ 03/2019). SD/- (N.K. SAINI) VICE PRESIDENT DATED : 27/03/2019 BCG COPY TO: 1.THE APPELLANT, 2. THE RESPONDENT, 3. THE CIT(A), 4. THE CIT, 5. THE DR