Assistant Commissioner of Income-tax, Central Circle-2, Nashik V. Gulab Maharu Badgujar (HUF), Thane

ITA 1439/PUN/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 4084 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 10 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-08-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 26-09-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Revision of order
• Section: 263; 271(1)(c); 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A”, PUNE BEFORE SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER AND SHRI S. S. VISWANETHRA RAVI, JUDICIAL MEMBER आयकर अपील सं. / ITA No.1439/PUN/2019 िनधाᭅरण वषᭅ / Assessment Year: 2006-07 ACIT, Central Circle-2, Nashik. Vs. Gulab Maharu Badgujar (HUF), 204, Pashupatinath, C- 02 B Wing, Mahadev Sankalp Complex, Gandhare Village, Near Khadakpada Chowk, Kalyan (West), Thane- 421301. PAN : AAEHG6745C Appellant Respondent आदेश / ORDER PER INTURI RAMA RAO, AM: This is an appeal filed by the Revenue directed against the order of ld. Commissioner of Income Tax (Appeals)- 12, Pune [‘the CIT(A)’] dated 26.07.2019 for the assessment year 2006-07. 2. Briefly, the facts of the case are that the respondent-assessee is HUF deriving income under the head “Income from other sources”. Revenue by : Shri Arvind Desai Assessee by : Shri Pramod S. Shingte Date of hearing : 04.08.2022 Date of pronouncement : 23.08.2022 ITA No.1439/PUN/2019 2 In this case, the assessment was completed u/s 143(3) r.w.s. 147 of the Income Tax Act, 1961 (‘the Act’). Subsequently, the ld. Commissioner of Income Tax (Central), Nagpur had set-aside the assessment order in excise of power of revision u/s 263 of the Act. Pursuant to the order u/s 263, an addition of Rs.19,00,000/- was made vide assessment order dated 18.01.2016 passed u/s 143(3) r.w.s. 263 of the Act. Subsequently, the Assessing Officer had proceeded with levy of penalty of Rs.11,24,943/- u/s 271(1)(c) of the Act vide order dated 27.03.2015. 3. Being aggrieved by penalty order, an appeal was filed before the ld. CIT(A) who vide impugned order allowed the appeal on the ground that the Assessing Officer had not recorded satisfaction by striking out of the relevant limb of the show-cause notice. 4. Being aggrieved by the order of the ld. CIT(A), the Revenue is in appeal before us. 5. Before us, it is submitted that the order passed was quashed by this Tribunal in assessee’s own case vide ITA Nos.765 & 768/PUN/2017 for assessment years 2006-07 and 2011-12 dated 27.06.2019. Consequently, the assessment order passed also becomes nullity. Therefore, the order of penalty does not survive. The above submissions have not been controverted by the ld. CIT- ITA No.1439/PUN/2019 3 DR. In the circumstances, we are of the considered opinion that the appeal filed by the Revenue does not survive and become infructuous. 6. In the result, the appeal filed by the Revenue stands dismissed. Order pronounced on this 23 rd day of August, 2022. Sd/- Sd/- (S. S. VISWANETHRA RAVI) (INTURI RAMA RAO) JUDICIAL MEMBER ACCOUNTANT MEMBER पुणे / Pune; ᳰदनांक / Dated : 23 rd August, 2022. Sujeet आदेश कᳱ ᮧितिलिप अᮕेिषत / Copy of the Order forwarded to : 1. अपीलाथᱮ / The Appellant. 2. ᮧ᭜यथᱮ / The Respondent. 3. The CIT(A) -12, Pune. 4. The Pr. CIT Central, Nagpur. 5. िवभागीय ᮧितिनिध, आयकर अपीलीय अिधकरण, “A” बᱶच, पुणे / DR, ITAT, “A” Bench, Pune. 6. गाडᭅ फ़ाइल / Guard File. आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण, पुणे / ITAT, Pune.