Shri Vedprakash Devikinandan Chiripal, Ahmedabad V. The ACIT, Circle-11, Ahmedabad

ITA 1784/AHD/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 8244 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 4 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-11-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2008-2009
• Appeal Filed On: 17-06-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: V K SINGH
• Assessee Lawyers: P M MEHTA; G M THAKOR ARS

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD .., , BEFORE SHRI S.S. GODARA, JUDICIAL MEMBER & SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER ./ I.T.A. NO.1784/AHD/2015 ( / ASSESSMENT YEAR : 2008-09) VEDPRAKASH DEVIKINANDAN CHIRIPAL 283, CHIRIPAL, NEW CLOTH MARKET OPP: RAIPUR GATE AHMEDABAD-380 002 / VS. THE ACIT CIRCLE-11 AHMEDABAD $ ./ ./ PAN/GIR NO. : AAHPC 2102 Q ( $' / APPELLANT ) .. ( ($' / RESPONDENT ) $') / APPELLANT BY : S/SHRI P.M. MEHTA & G.M. THAKOR, ARS ($'*) / RESPONDENT BY : SHRI V.K. SINGH, SR.DR +,*- / DATE OF HEARING 07/11/2017 ./0*- / DATE OF PRONOUNCEMENT 10 / 11 /2017 / O R D E R PER PRADIP KUMAR KEDIA - AM: THE CAPTIONED APPEAL FILED AT THE INSTANCE OF THE ASSESSEE IS AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX(APPEALS )-VIII, AHMEDABAD [CIT(A) IN SHORT] DATED 24/04/2015 IN THE MATTER OF ASSESSMENT ORDER UNDER S.143(3) OF THE INCOME TAX A CT, 1961 (HEREINAFTER REFERRED TO AS 'THE ACT') DATED 30/12 /2010 RELEVANT TO ASSESSMENT YEAR (AY) 2008-09. ITA NO.1784/AHD /2015 VEDPRAKASH DEVIKINANDAN CHIRIPAL VS. ACIT ASST.YEAR 2008-09 - 2 - 2. THE ASSESSEE IS AGGRIEVED BY THE ORDER OF THE CIT(A), WHEREBY PENALTY UNDER S.271(1)(C) OF THE ACT AMOUNTING TO R S.18,90,950/- MADE BY THE ASSESSING OFFICER (AO) WAS CONFIRMED BY THE CIT(A). 3. WITH THE ASSISTANCE OF THE LD.AR FOR THE ASSESS EE, WE FIND THAT THE ADDITIONS/DISALLOWANCES MADE IN THE QUANTUM ASSESSM ENT GIVING RISE TO THE IMPOSITION OF PENALTY IN APPEAL HAS BEEN REVERS ED BY THE COORDINATE BENCH OF TRIBUNAL IN ITA NO.838/AHD/2013 IN ASSESSE ES OWN CASE VIDE ORDER DATED 21/10/2016. HENCE, IN VIEW OF THE FACT THAT QUANTUM ADDITIONS/DISALLOWANCES ITSELF STANDS DELETED, THE EDIFICE FOR IMPOSITION OF CONSEQUENT PENALTY CEASES TO EXIST AND DOES NOT SUR VIVE ANY MORE. HENCE, PENALTY IMPOSED BY THE REVENUE UNDER S.271(1 )(C) OF THE ACT REQUIRES TO BE REVERSED. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED . THIS ORDER PRONOUNCED IN OPEN COURT ON 10 / 11 /2017 SD/- SD/- (..) ( ) ( S.S. GODARA ) ( PRADIP KUMAR KEDIA ) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD; DATED 10/ 11 /2017 4..+,.+../ T.C. NAIR, SR. PS ITA NO.1784/AHD /2015 VEDPRAKASH DEVIKINANDAN CHIRIPAL VS. ACIT ASST.YEAR 2008-09 - 3 - !'#$%$' / COPY OF THE ORDER FORWARDED TO : 1. $' / THE APPELLANT 2. ($' / THE RESPONDENT. 3. 567- 8- / CONCERNED CIT 4. 8- ( ) / THE CIT(A)-AHMEDABAD-5 5. 9:-+67 , 670 , 5 / DR, ITAT, AHMEDABAD 6. <, / GUARD FILE. / BY ORDER, (9-- //TRUE COPY// / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION .. 7.11.17(DICTATION-PAD 3- PAGES ATTACHED AT THE END OF THIS APPEAL-FILE) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 8.11.17 3. OTHER MEMBER 4. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 5. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 6. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S.10.11.17 7. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 10.11.17 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK ... 9. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 10. DATE OF DESPATCH OF THE ORDER