Kunal Chaturbhuj Nagrani , Ahmedabad V. The DCIT, Circle-6(1), Ahmedabad

ITA 1898/AHD/2018

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 5214 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 5 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-02-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2011-2012
• Appeal Filed On: 07-09-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: L P JAIN
• Assessee Lawyers: H V GANDHI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER & MS. MADHUMITA ROY, JUDICIAL MEMBER ./ I.T.A. NO. 1898/AHD/2018 ( ASSESSMENT YEAR : 2011-12) KUNAL CHATURBHUJ NAGRANI PROP. RYAN INTERNATIONAL, 8, RAMESHWAR PARK SOCIETY, B/H. NARAIN SOCIETY, MANINAGAR, AHMEDABAD : 380008 / VS. THE DY. COMMISSIONER OF INCOME TAX, CIRCLE 6(1), ROOM NO.16, NARAYAN CHAMBERS, NEHRU BRIDGE CORNER, ASHRAM ROAD, AHMEDABAD : 380009 ./ ./ PAN/GIR NO. : ACIPN5122G ( APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI H. V. GANDHI, A.R. / RESPONDENT BY : SHRI L. P. JAIN, SR. D.R. DATE OF HEARING 05/02/2020 !'# / DATE OF PRONOUNCEMENT 20/02/2020 O R D E R PER MS. MADHUMITA ROY - JM: AT THE TIME OF HEARING, LEARNED COUNSEL APPEARING FOR THE ASSESSEE SUBMITTED BEFORE US THAT THIS MATTER RELATES TO ORD ER UNDER S.271(1)(C) OF THE ACT. THE QUANTUM APPEAL IN RESPECT OF MAIN ISSUE H AS BEEN ALLOWED BY THE CO- ORDINATE BENCH IN ITA NO. 1068/AHD/2016 , FOR AY 2011-12 BY AND UNDER ORDER DATED 29 .07.2019. HE THEREFORE SUBMITS THAT THE PENALTY APPEAL HAS BEEN BECOME INFRUCTUOUS AND LIABLE TO BE DISMISSED AS INFRUCTUOUS. ITA NO.1898/AHD/2018 KUNAL C. NAGRANI VS. DCIT ASST.YEAR 2011-12 - 2 2. HEARD THE PARTIES AND PERUSED THE MATERIALS AVAI LABLE ON RECORD INCLUDING THE ORDER PASSED BY THE CO-ORDINATE BENCH IN ITA NO. 1068/AHD/2016. IT APPEARS THAT THE CO-ORDINATE BENCH ON 27.06.2019 HAS BEEN PLEASED TO ALLOW THE A PPEAL PREFERRED BY THE ASSESSEE. HENCE, WE FIND NO MERIT IN THIS PENALTY PROCEEDING ITSELF. THE PENALTY APPEAL IS THEREFORE INFRUCTUOUS. HENCE, THE SAME IS DISMISSED AS INFRU CTUOUS. 3. IN THE RESULT, ASSESSEES APPEAL IS DISPOSED OF. THIS ORDER PRONOUNCED IN OPEN COURT ON 20/0 2/2020 SD/- SD/- (WASEEM AHMED) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 20/02/2020 TRUE COPY S. K. SINHA / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. $%& ' / CONCERNED CIT 4. '() / THE CIT(A)- 5. *+, --%&. %&#. /01$1 / DR, ITAT, AHMEDABAD 6. ,23 4 / GUARD FILE. / BY ORDER, (DY./ASSTT. REGISTRAR) $%& / ITAT, AHMEDABAD