Manjit Management Services (P) Ltd., , Kolkata V. ITO, Ward - 9(1) , Kolkata

ITA 1551/KOL/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 7032 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 11 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-06-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 25-06-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH KOLKATA Before Shri Sanjay Garg, Judicial Member and Shri Rajesh Kumar, Accountant Member I.T.A. No.1551/Kol/2019 Assessment Year: 2008-09 Manjit Management Services (P) Ltd..........................................................Appellant Plot No.258/B, Block-B, Bangur Avenue, Kolkata - 700055. [PAN:AAECM4773D] vs. ITO, Ward-9(1), Kolkata......................................................................Respondent Appearances by: Shri Miraj D Shah, A/R, appeared on behalf of the appellant. Shri Sallong Yaden, Addl. CIT-DR, appeared on behalf of the Respondent. Date of concluding the hearing : June 14, 2022 Date of pronouncing the order : June 15, 2022 ORDER Per Sanjay Garg, Judicial Member: The present appeal has been preferred by the assessee against the order dated 06.03.2019 of the Commissioner of Income Tax (Appeals)-3, Kolkata [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’) pursuant to the enhancement of income made by the ld. CIT(A). 2. The ld. counsel for the assessee, at the outset, has invited our attention to the order of the Tribunal dated 10.05.2019 passed in own case relating to quantum addition in ITA No.2667/Kol/2018 for assessment year 2008-09, whereby the Tribunal has cancelled the enhancement so made by the CIT(A). 3. Since the enhancement made by the CIT(A) in relation to which impugned penalty was levied by the Assessing Officer stands cancelled by the order of the Tribunal dated 10.05.2019 (supra), therefore, the impugned penalty has no legs to stand and the same is accordingly ordered to be deleted. I.T.A. No.1551/Kol/2019 Assessment Year: 2008-09 Manjit Management Services (P) Ltd 2 4. In the result, the appeal of the assessee stands allowed. Kolkata, the 15 th June, 2022. Sd/- Sd/- [Rajesh Kumar] [Sanjay Garg] Accountant Member Judicial Member Dated: 15.06.2022. RS Copy of the order forwarded to: 1. Manjit Management Services (P) Ltd 2. ITO, Ward-9(1), Kolkata 3. CIT(A)- 4. CIT- , 5. CIT(DR), //True copy// By order Assistant Registrar, Kolkata Benches