SHRI KAILASH CHAND PARIHAR, JAIPUR V. INCOME TAX OFFICER, BEAWAR

ITA 1469/JPR/2018

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 8868 (ITAT-JAIPUR)
• Duration Of Justice: 11 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-11-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 19-03-2019
• Assessment Year: 2014-2015
• Appeal Filed On: 21-12-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANMOHAN KANDPAL ACIT DHK
• Assessee Lawyers: HEMANG GARGIEYA
• Section: 271(1)(c)

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES (SMC), JAIPUR JH JES'K LH 'KEKZ] YS[KK LNL; DS LE{K BEFORE: SHRI RAMESH C SHARMA , ACCOUNTANT MEMBER VK;DJ VIHY LA -@ ITA NO. 1469/JP/2018 FU/KZKJ.K O'KZ@ ASSESSMENT YEAR : 2014-15 SHRI KAILASH CHAND PARIHAR, PARIHAR HOUSE, NEAR GOPINATH MANDIR, SADAR BAZAR, BANDAWARA, AJMER-305621. CUKE VS. I.T.O., BEAWAR. LFKK;H YS[KK LA -@THVKBZVKJ LA -@ PAN/GIR NO.: AMBPP 4880 A VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS @ ASSESSEE BY : SHRI HEMANG GARGIEYA (ADV) JKTLO DH VKSJ LS @ REVENUE BY : SHRI MANMOHAN KANDPAL (ACIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 21/11/2019 MN?KKS 'K.KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 22/11/2019 VKNS'K@ ORDER PER: R.C. SHARMA, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF LD.CIT(A), AJMER DATED 29/10/2018 FOR THE A.Y. 2014-15 IN THE MATTER OF IMPOSITION OF PENALTY U/S 271(1)(C) OF THE INCOME TAX ACT, 1961 (IN SHORT, THE ACT). 2. THE LD AR OF THE ASSESSEE PLACED ON RECORD THE QUANTUM ORDER OF THIS TRIBUNAL WHEREIN THE ADDITION WITH RESPECT TO WHICH PENALTY HAS BEEN IMPOSED HAVE BEEN DELETED BY THE TRIBUNAL VIDE ITS ORDER DATED 25/09/2019 PASSED IN ITA NO. 804/JP/2017. ITA 1469/JP/2018 SHRI KAILASH CHAND PARIHAR VS ITO 2 4. I HAD CAREFULLY GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW AND FOUND FROM THE RECORD THAT THE PENALTY HAS BEEN IMPOSED WITH RESPECT TO THE QUANTUM ADDITION MADE BY THE A.O. AND CONFIRMED BY THE LD. CIT(A). AGAINST THE ORDER OF THE LD. CIT(A), THE ASSESSEE APPROACHED TO THE TRIBUNAL AND THE TRIBUNAL VIDE ITS ORDER DATED 25/09/2019 HAS DELETED THE ADDITION AFTER DEALING WITH THE ISSUE AT PARA 6 PAGE 4 TO 6 OF HIS APPELLATE ORDER DATED 25/09/2019. THE LD DR HAS FAIRLY AGREED THAT THE QUANTUM ADDITION HAS BEEN DELETED BY THE TRIBUNAL. SINCE THE QUANTUM ADDITION HAS BEEN DELETED BY THIS TRIBUNAL, HENCE, THE PENALTY IMPOSED HAS NO LEGS TO STAND, ACCORDINGLY, I DIRECT THE A.O. TO DELETE THE PENALTY IN TERMS OF QUANTUM RELIEF GIVEN BY THE TRIBUNAL. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND NOVEMBER, 2019 SD/- JES'K LH 'KEKZ ( RAMESH C SHARMA ) YS[KK LNL; @ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 22 ND NOVEMBER, 2019 *RANJAN VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- SHRI SHRI KAILASH CHAND PARIHAR, AJMER. 2. IZR;FKHZ @ THE RESPONDENT- THE I.T.O., BEAWAR. ITA 1469/JP/2018 SHRI KAILASH CHAND PARIHAR VS ITO 3 3. VK;DJ VK;QDR @ CIT 4. VK;DJ VK;QDRVIHY @ THE CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR, ITAT, JAIPUR 6. XKMZ QKBZY @ GUARD FILE (ITA NO. 1469/JP/2018) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR