Shark Mines & Minerals (P) Ltd, Bhubaneswar V. Principal CIT, Sambalpur

ITA 130/CTK/2021

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 5975 (ITAT-CUTTACK)
• Duration Of Justice: 8 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-08-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2014-2015
• Appeal Filed On: 01-12-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, BEFORE AND ARUN KHODPIA, ACCOUNTANT MEMBER M/s. Shark Mines & Minerals Pvt Ltd., A/62, BDA Housing Complex, Palaspalli, Bhubaneswar. PAN/GIR No. (Appellant Per Bench This is an appeal filed by the assessee against the order penalty under section 271(1)(c) of the Act dated 28.9.2021. 2. Shri P.K.Mishra, ld AR appeared on behalf of the assessee and Shri M.K.Gautam, ld CIT DR appeared on behalf of the revenue. 3. It was the submission by ld AR that levy of penalty u/s.271( consequential to the result in the appeal in ITA No.128/CTK/2019. As we IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE S/SHRI GEORGE MATHAN, JUDICIAL AND ARUN KHODPIA, ACCOUNTANT MEMBER ITA No.130/CTK/2021 Assessment Year : 2014-15 M/s. Shark Mines & Minerals Pvt Ltd., A/62, BDA Housing Complex, Palaspalli, Bhubaneswar. Vs. Pr. CIT, Cuttack PAN/GIR No.AAKCS 2385 R (Appellant) .. ( Respondent Assessee by : Shri P.K.Mishra, AR Revenue by : Shri M.K.Gautam, CIT Date of Hearing : 18/8 Date of Pronouncement : 18/8 O R D E R is an appeal filed by the assessee against the order penalty under section 271(1)(c) of the Act of the ld Pr. CIT dated 28.9.2021. Shri P.K.Mishra, ld AR appeared on behalf of the assessee and Shri M.K.Gautam, ld CIT DR appeared on behalf of the revenue. It was the submission by ld AR that levy of penalty u/s.271( consequential to the result in the appeal in ITA No.128/CTK/2019. As we Page1 | 2 IN THE INCOME TAX APPELLATE TRIBUNAL, JUDICIAL MEMBER AND ARUN KHODPIA, ACCOUNTANT MEMBER 15 Pr. CIT, Cuttack Respondent) P.K.Mishra, AR : Shri M.K.Gautam, CIT DR 8/ 2022 8/2022 is an appeal filed by the assessee against the order levying of the ld Pr. CIT, Sambalpur Shri P.K.Mishra, ld AR appeared on behalf of the assessee and Shri M.K.Gautam, ld CIT DR appeared on behalf of the revenue. It was the submission by ld AR that levy of penalty u/s.271(1)(c) is consequential to the result in the appeal in ITA No.128/CTK/2019. As we ITA No.130/CTK/2021 Assessment Year : 2014-15 Page2 | 2 have already quashed the order passed u/s.263 by Pr. CIT and allowed the assessee’s appeal in ITA No.128/CTK/2019, the consequential penalty order u/s.271(1)(c) does not survive and same is quashed. 4. In the result, appeal of the assessee is allowed. Order dictated and pronounced in the open court on 18/8/2022. Sd/- sd/- (Arun Khodpia) (George Mathan) ACCOUNTANT MEMBER JUDICIAL MEMBER Cuttack; Dated 18/8/2022 B.K.Parida, SPS (OS) Copy of the Order forwarded to : By order Sr.Pvt.secretary ITAT, Cuttack 1. The Appellant : /s. Shark Mines & Minerals Pvt Ltd., A/62, BDA Housing Complex, Palaspalli, Bhubaneswar 2. The respondent: Pr. CIT, Cuttack 3. The CIT(A)-, Cuttack 4. DR, ITAT, Cuttack 5. Guard file. //True Copy//