Shri Shantilal Prabhudas Patel, L/h of Hiraben Prabhudas Patel, Ahmedabad V. ACIT, Circle-3(3), Ahmedabad

ITA 1676/AHD/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 7676 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 1 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-08-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 28-04-2020
• Assessment Year: 2007-2008
• Appeal Filed On: 17-07-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: L P JAIN
• Keywords: Set aside
• Section: 271(1)(c)

Judgement Text

, SMC IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD ( CONVENED THROUGH VIRTUAL COURT ) BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER ./ I.T.A. NOS. 1676 & 1677/AHD/2018 ( ASSESSMENT YEARS : 2007-08 & 2008-09) SHRI SHANTILAL PRABHUDAS PATEL L/H. OF HIRABEN PRABHUDAS PATEL B/202, MARUTI TOWER, SHIVRANJANI CHAR RASTA, SATELLITE, AHMEDABAD / VS. ACIT CIRCLE 3(3), PRATYAKSH KAR BHAVAN, AHMEDABAD ./ ./ PAN/GIR NO. : AGTPP7936M ( APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : MS. URVASHI SHODHAN, A.R. / RESPONDENT BY : SHRI L. P. JAIN, SR. D.R. DATE OF HEARING 25/08/2020 !'# / DATE OF PRONOUNCEMENT 31/08/2020 / O R D E R PER PRADIP KUMAR KEDIA - AM: THE CAPTIONED APPEALS HAVE BEEN FILED AT THE INSTAN CE OF THE ASSESSEE AGAINST THE ORDERS OF THE COMMISSIONER OF INCOME TAX (APPEALS)-3, AHMEDABAD (CIT(A) IN SHORT), BOTH DA TED 25.05.2018 ARISING IN THE PENALTY ORDERS BOTH DATED 26.02.2018 PASSED BY THE ASSESSING OFFICER (AO) UNDER S. 271(1)(C) OF THE IN COME TAX ACT, 1961 (THE ACT) CONCERNING AYS. 2007-08 & 2008-09. ITA NOS. 1676 & 1677/AHD/18 [SHRI SHANTILAL P. PATEL VS. ACIT] A.YS. 2007-08 & 2008-09 - 2 - 2. AS PER GROUNDS OF APPEAL, IT IS ALLEGED THAT THE CIT(A) HAS ERRED IN CONFIRMING THE PENALTY OF RS.222870/- IN A Y 2007-08 AND RS.292740/- IN AY 2008-09. 3. WHEN THE MATTERS WERE CALLED FOR HEARING, THE LE ARNED AR FOR THE ASSESSEE SUBMITTED THAT THE QUANTUM ADDITIONS/D ISALLOWANCES GIVING RISE TO THE IMPOSITION OF PENALTY IN BOTH AP PEALS HAS BEEN SET ASIDE BY THE CO-ORDINATE BENCH OF TRIBUNAL IN ITA N OS. 254 TO 256/AHD/2017, ORDER DATED 06.09.2018 IN THE QUANTUM PROCEEDINGS TO THE FILE OF THE CIT(A). 4. IN VIEW OF THE FACT THAT THE QUANTUM ADDITIONS/D ISALLOWANCES ITSELF HAS BEEN SET ASIDE HAVING REGARD TO THE APPE LLATE ORDER OF THE ITAT IN QUANTUM PROCEEDINGS, THE VERY BASIS FOR IMP OSITION OF PENALTY UNDER S. 271(1)(C) DOES NOT SURVIVE AT PRES ENT. THEREFORE, THE ACTION OF THE CIT(A) TOWARDS SUSTAINING PENALTY REQUIRES TO BE SET ASIDE AND RESTORED BACK TO THE FILE OF CIT(A) F OR FRESH ADJUDICATION IN THE LIGHT OF QUANTUM APPEAL. 5. IN THE RESULT, BOTH APPEALS OF THE ASSESSEE ARE ALLOWED FOR STATISTICAL PURPOSES. SD/- SD/- (MAHAVIR PRASAD) (PRADIP KUMAR K EDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: DATED 31/08/2020 TRUE COPY S. K. SINHA !'#' / COPY OF ORDER FORWARDED TO:- &. / REVENUE 2. / ASSESSEE (. )*+ , / CONCERNED CIT 4. ,- / CIT (A) THIS ORDER PRONOUNCED ON 31/08/2020 ITA NOS. 1676 & 1677/AHD/18 [SHRI SHANTILAL P. PATEL VS. ACIT] A.YS. 2007-08 & 2008-09 - 3 - /. 012 33*+4 *+#4 56) / DR, ITAT, AHMEDABAD 7. 289 : / GUARD FILE. BY ORDER / 4 /5 *+#4 56)