ACIT, Cen. Cir.-3(3), Kolkata V. M/s New Horizon (P) Ltd, Kolkata

ITA 225/KOL/2021

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 8922 (ITAT-KOLKATA)
• Duration Of Justice: 9 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-06-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2015-2016
• Appeal Filed On: 09-08-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH KOLKATA Before Shri Sanjay Garg, Judicial Member and Shri Girish Agrawal, Accountant Member I.T.A. No.225/Kol/2021 Assessment Year: 2015-16 ACIT, Central Circle-3(3), Kolkata........................................................... Appellant vs. M/s New Horizon (P) Ltd................. ......................................................... Respondent 41, Shakespeare Sarani, Kolkata-700017 [PAN:AAACN8505C] Appearances by: Shri N.S. Saini, Advocate and Priyanka Salarpuria, FCA and Sonu Kumar Agarwal, FCA, appeared on behalf of the appellant. Smt. Ranu Biswas, Addl CIT, appeared on behalf of the Respondent. Date of concluding the hearing : June 9, 2022 Date of pronouncing the order : June 9, 2022 ORDER Per Sanjay Garg, Judicial Member: The present appeal has been preferred by the Revenue against the order dated 16.03.2021 of the Commissioner of Income Tax(Appeals)-21, Kolkata [hereinafter referred to as ‘CIT(A)’]. The Revenue is aggrieved by the action of the CIT(A) in deleting the penalty levied by the Assessing Officer u/s 271AAB of the Income Tax Act (hereinafter referred to as the ‘Act’). 2. At the outset, the ld. Counsel for the assessee has invited our attention to the order of the Tribunal dated 28.08.2019 passed in ITA No.2127/Kol/2017 to submit that the quantum additions in respect of which the impugned penalty was levied by the Assessing Officer, stand deleted vide the aforesaid order of the Tribunal. That the ld. CIT(A) taking note of the above fact, has deleted the impugned penalty. The ld. AR has also not disputed the aforesaid fact. Since, the quantum addition stood deleted by the order of the Tribunal dated 28.08.2019, therefore, the impugned penalty did not have any legs to stand and the same has rightly been deleted by the ld. CIT(A). There is no merit in the appeal of the Revenue and the same is accordingly dismissed. I.T.A. No.225/Kol/2021 Assessment Year: 2015-16 M/s New Horizon (P) Ltd 2 3. In the result, the appeal of the Revenue stands dismissed. Kolkata, the 9 th June, 2022. Sd/- Sd/- [Girish Agrawal] [Sanjay Garg] Accountant Member Judicial Member Dated: 09.06.2022. RS Copy of the order forwarded to: 1. ACIT, Central Circle-3(3), Kolkata 2. M/s New Horizon (P) Ltd 3. CIT(A)- 4. CIT- , 5. CIT(DR), //True copy// By order Assistant Registrar, Kolkata Benches