Jaswanth Kumar Kothari, Mysore V. Addl. Commissioner of Income-Tax, Mysore

ITA 1316/BANG/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7596 (ITAT-BANGALORE)
• Duration Of Justice: 2 year(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-07-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 12-07-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PADMA MEENAKSHI
• Assessee Lawyers: V SRINIVASAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI JASON P BOAZ , ACCOUNTANT MEMBER ITA NO. 1 316 /BANG/201 6 ASSESSMENT YEAR : 20 0 7 - 08 SHRI. JASWANTH KUMAR KOTHARI, NO. 2875, 1 ST MAIN ROAD, MAHAVEER NAGAR, MYSORE. PAN : AJAPK 9270 F VS. O/O ADDL. COMMISSIONER OF INCOME-TAX, RANGE-2, NO.55/2, SHILPASHREE BLDG. VISHWESHWARANAGAR, MYSORE 570 008. APPELLANT RESPONDENT ASSESSEE BY : SHRI. V. SRINIVASAN, ADVOCATE REVENUE BY : SMT. PADMAMEENAKSHI, JCIT DATE OF HEARING : 20 . 0 6 .201 8 DATE OF PRONOUNCEMENT : 20 . 0 7 .201 8 O R D E R PER SUNIL KUMAR YADAV, JUDICIAL MEMBER THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF THE CIT(A), CONFIRMING THE PENALTY LEVIED UNDER SECTION 271(1)(C) OF THE ACT. 2. DURING THE COURSE OF HEARING, THE LEARNED COUNSEL FOR THE ASSESSEE HAS CONTENDED THAT THE ADDITIONS ON WHICH PENALTY UNDER SECTION 271(1)(C) IS LEVIED HAS BEEN DELETED BY THE TRIBUNAL. COPY OF THE ORDER OF THE TRIBUNAL IS PLACED AT PAGE NOS. 1-46 OF THE COMPILATION OF THE ASSESSEE AND THE ORDER OF THE AO GIVING EFFECT TO ITA NO. 1316/BANG/2017 PAGE 2 OF 2 THE ORDER OF THE TRIBUNAL. THESE FACTS WERE NOT DISPUTED BY THE REVENUE. 3. HAVING CAREFULLY EXAMINED THE ORDER OF THE TRIBUNAL AND THE ORDER OF THE LOWER AUTHORITIES, WE FIND THAT THE ADDITIONS FOR WHICH PENALTY UNDER SECTION 271(1)(C) WAS LEVIED HAS ALREADY BEEN DELETED BY THE TRIBUNAL WIDE ITS ORDER DATED 23.03.2017. THEREFORE, THE PENALTY UNDER SECTION 271(1)(C) IS NOT SUSTAINABLE IN THE EYES OF LAW. ACCORDINGLY, WE SET ASIDE THE ORDER OF THE CIT(A) AND DELETE THE PENALTY. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED. PRONOUNCED IN THE OPEN COURT ON 20 TH JULY, 2018. SD/- SD/- BANGALORE. DATED: 20 TH JULY, 2018. /NS/* COPY TO: 1. APPELLANTS 2. RESPONDENT 3. CIT 4. DR 5. GUARD FILE BY ORDER SR. PRIVATE SECRETARY, ITAT, BANGALORE. ( JASON P BOAZ ) (SUNIL KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER