Mrs.Sejal J Panchal, Ahmedabad V. ITO,Ward-5 (2)(4), Ahmedabad

ITA 1866/AHD/2017

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 6416 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 6 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-02-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2006-2007
• Appeal Filed On: 11-08-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: B L MEENA
• Assessee Lawyers: SURESH R SHAH
• Section: 271(1)(c); 143(3); 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD SMC BENCH BEFORE: SHR I MAHAVIR PRASAD , JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER MRS. SEJAL J. PANCHAL, 31 - B, SWATI SOCIETY, NAVRANGPURA, AHMEDABAD PAN: AKEPP9021K (APPELLANT) VS THE IT O , WARD - 5(2)(4) , AHMEDABAD (RESPONDENT) REVENUE BY : S H RI B.L. MEENA , SR. D . R. ASS ESSEE BY: SHRI SURESH R. SHAH, A.R. DATE OF HEARING : 05 - 02 - 2 019 DATE OF PRONOUNCEMENT : 18 - 02 - 2 019 / ORDER P ER : AMARJIT SINGH, ACCOUNTANT MEMBER : - THIS ASSESSEE S APPEAL F OR A.Y. 2006 - 07 , ARI SES FROM ORDER OF THE CIT(A) - 5, AHMEDABAD DATED 30 - 05 - 2 017 , IN PROCEEDINGS UNDER SECTION 271(1 ) (C) OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT . 2. THE SOLITARY GROUND OF APPEAL OF THE ASSESSEE IS AGAINST THE ORDER OF LD. CIT (A) IN CONFIRMING THE PENALTY OF RS. 93, 000/ - LEVIED U/S. 271(1)(C) OF T H E ACT. I T A NO . 1866 / A HD/20 17 A SSESSMENT YEAR 200 6 - 07 I.T.A NO. 1866 /AHD/20 17 A.Y. 2006 - 07 PAGE NO MRS. SEJAL J. PANCHAL VS. IT O 2 3. DURING THE COURSE OF APPELLATE PROCEEDINGS BEFORE US, THE LD. COUNSEL HAS BROUGHT TO OUR NOTICE THAT THAT THE QUANTUM ADDITION ON THE BASI S OF WHICH PENALTY IMPUGNED LEVIED HA S BEEN QUASHED BY THE COORDINATE BENCH OF THE ITAT VIDE ITA NO. 776/AHD/2015 DATED 13 TH DECEMBER, 2017. 4. WITH THE ASSISTANCE OF LD. R EPRESENTATIVE S WE HAVE GONE THROUGH THE AFORESAID ORDER OF THE CO - ORDINATE BENCH OF THE ITAT IN THE CASE OF THE ASSESSEE AND NOTICED THAT ASSESSMENT ORDER U/S. 143(3) R.W.S. 147 PASSED ON 14 TH FEB, 2014 WAS QUASHED THEREFORE, WE CONSIDER THAT IMPUGNED PENALTY U/S. 271(1)( C) HAS BECOME INFRUCTUOUS AS THE QUANTUM ADDITION ON THE BASIS OF WHICH PENALTY WAS LEVIE D HAD CEASED TO EXIST . 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED. ORDER PR ONOUNCED IN THE OPEN C OURT ON 18 - 02 - 201 9 SD/ - S D/ - ( MAHAVIR PRASAD ) ( AMARJIT SINGH ) JUDICIAL MEMBER ACCOUNTANT MEMB ER AHMEDABAD : DATED 18 /02 /2019 / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,