Marble Impex Pvt. Ltd., , Kolkata V. ITO, Ward - 4(2) , Kolkata

ITA 144/KOL/2022

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 7605 (ITAT-KOLKATA)
• Duration Of Justice: 2 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-06-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 21-03-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH KOLKATA Before Shri Sanjay Garg, Judicial Member and Shri Rajesh Kumar, Accountant Member I.T.A. No.144/Kol/2022 Assessment Year: 2008-09 Marble Impex Pvt. Ltd..................................................................................Appellant Room No.29, 2 nd Floor, 13, Pollock Street, Kolkata. [PAN: AACCM0608B] vs. ITO, Ward-4(2), Kolkata......................................................................Respondent Appearances by: Shri Anil Kochar, Advocate, appeared on behalf of the appellant. Shri Biswanath Das, Addl. CIT-DR, appeared on behalf of the Respondent. Date of concluding the hearing : June 8, 2022 Date of pronouncing the order : June 14, 2022 ORDER Per Sanjay Garg, Judicial Member: The present appeal has been preferred by the assessee against the order dated 08.11.2021 of the National Faceless Appeal Centre [hereinafter referred to as ‘CIT(A)’]. The assessee in this appeal has agitated the levy of penalty u/s 271(1)(c) of the Income Tax Act (hereinafter referred to as the ‘Act’). 2. At the outset, the ld. Counsel for the assessee has invited our attention to the order of the Tribunal 10.01.2020 passed in ITA No.2654/Kol/2018 for assessment year 2008-09 stating that the quantum assessment/additions in relation to which the impugned penalty has been levied by the Assessing Officer stood quashed by the Tribunal vide aforesaid order dated 10.01.2020. 3. Since the assessment in the course of which the impugned penalty initiated and the basis of penalty that is the impugned addition stood deleted by the order of the Tribunal dated 10.01.2020, therefore, the impugned penalty has no legs to stand and the same is accordingly ordered to be deleted. I.T.A. No.144/Kol/2022 Assessment Year: 2008-09 Marble Impex Pvt. Ltd 2 4. In the result, the appeal of the assessee stands allowed. Kolkata, the 14 th June, 2022. Sd/- Sd/- [Rajesh Kumar] [Sanjay Garg] Accountant Member Judicial Member Dated: 14.06.2022. RS Copy of the order forwarded to: 1. Marble Impex Pvt. Ltd 2. ITO, Ward-4(2), Kolkata 3. CIT(A)- 4. CIT- , 5. CIT(DR), //True copy// By order Assistant Registrar, Kolkata Benches