M/S Lakshya Constructions , Jamshedpur V. ITO,Ward-1(4), Jamshedpur

ITA 129/RAN/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 3862 (ITAT-RANCHI)
• Duration Of Justice: 7 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-11-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2015-2016
• Appeal Filed On: 18-03-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI BENCH, RANCHI BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER AND MS. MADHUMITA ROY, JUDICIAL MEMBER I.T.A. NO. 129/RAN/2019 ASSESSMENT YEAR: 2015-16 M/S. LAKSHYA CONSTRUCTIONS........APPELLANT BHADANI TRADE CENTRE, R-ROAD BISTUPUR, JAMSHEDPUR 831001. [PAN: AADFL 3483 F] ITO, WARD-1(4) JAMSHEDPUR.........................................................................................RESPONDENT JAMSHEDPUR. APPEARANCES BY: SHRI R.R. MITTAL, AR APPEARING ON BEHALF OF THE ASSESSEE. SMT. NISHA SINGH MARR, JCIT APPEARING ON BEHALF OF THE REVENUE. DATE OF CONCLUDING THE HEARING : NOVEMBER 05, 2019 DATE OF PRONOUNCING THE ORDER : NOVEMBER 08 , 2019 ORDER PER MADHUMITA ROY, JM THE INSTANT APPEAL AT THE INSTANCE OF THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 08.01.2019 PASSED U/S 271(1)(C) OF THE INCOME TAX ACT (HEREIN AFTER REFERRED TO AS THE ACT) PASSED BY THE LD. CIT(A) JAMSHEDPUR ARISING OUT OF THE ORDER DATED 21.08.2018 FOR A.Y. 2015-16. 2. AT THE TIME OF HEARING OF THE INSTANT APPEAL THE LEARNED ADVOCATE APPEARING FOR THE ASSESSEE SUBMITTED BEFORE US THAT THE QUANTUM ADDITIONS HAS BEEN DELETED BY THE HONBLE ITAT IN ITA NO. 363/RAN/2018, COPY WHEREOF HAS ALSO BEEN SUBMITTED BEFORE US. IN THAT VIEW OF THE MATTER, THE PENALTY ARISING OUT OF THE SAID QUANTUM ORDER BECOMES INFRUCTUOUS AS SUBMITTED BY HIM. 2 I.T.A. NOS. 129/RAN/2019 ASSESSMENT YEAR: 2015-16 M/S. LAKSHYA CONSTRUCTIONS 3. HAVING HEARD THE LEARNED PARTIES AND HAVING REGARD TO THE FACTS AND CIRCUMSTANCES OF THE CASE, WE FIND THAT THE PENALTY IMPOSED BY THE LD. CIT(A) IS RENDERED UNMAINTANABLE SINCE THE VERY BASIS OF THE SAME BEING THE ORDER OF QUANTUM HAS BEEN DELETED BY THE COORDINATE BENCH BY AND UNDER ITS ORDER DATED 13.06.2019 IN ITA NO. 363/RAN/2018. HENCE, THE APPEAL IS DISMISSED AS INFRUCTUOUS. 5. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED AS INFRUCTUOUS. ORDER PRONOUNCED IN THE OPEN COURT ON 08 NOVEMBER, 2018. SD/- SD/- ( PRADIP KUMAR KEDIA) (MS. MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 08/11/2019 BISWAJIT, SR. PS COPY OF ORDER FORWARDED TO: 1. M/S. LAKSHYA CONSTRUCTION. 2. ITO, WARD-1(4), JAMSHEDPUR. 3. THE CIT(A) 4. THE CIT 5. DR TRUE COPY, BY ORDER, SR. P.S. / H.O.O. ITAT, RANCHI