Shri Jayesh Khodidas Patel, HUF, Ahmedabad V. The Income Tax Officer, Ward-1(3)(3), Ahmedabad

ITA 2281/AHD/2017

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 3203 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 1 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-11-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 17-10-2019
• Assessment Year: 2012-2013
• Appeal Filed On: 12-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: LALIT P JAIN
• Keywords: Set aside
• Section: 271(1)(c)

Judgement Text

, C IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD, JUDICIAL MEMBER ./ I.T.A. NOS. 2281 & 2282/AHD/2017 ( ASSESSMENT YEARS : 2012-13) I. JAYESH KHODIDAS PATEL HUF & II. DINESH KHODIDAS PATEL HUF 15/A, GOKULNAGAR SOCIETY, USMANPURA, AHMEDABAD 380013 / VS. ITO WARD 1(3)(3), AHMEDABAD ./ ./ PAN/GIR NO. : AAGHP2756L ( APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI HEM CHHAJED, A.R. / RESPONDENT BY : SHRI LALIT P. JAIN, SR.D.R. DATE OF HEARING 17/10/2019 !'# / DATE OF PRONOUNCEMENT 14/11/2019 / O R D E R PER PRADIP KUMAR KEDIA - AM: THE CAPTIONED APPEALS HAVE BEEN FILED AT THE INSTAN CE OF THE TWO ASSESSEES AGAINST THE PENALTY ORDERS OF THE COMMISS IONER OF INCOME TAX (APPEALS)-10, AHMEDABAD (CIT(A) IN SHORT), DATED 20.09.2017 & 21.09.2017 U/S. 271(1)(C) OF THE INCOME TAX ACT, 19 61; (THE ACT) CONCERNING ASSESSMENT YEAR 2012-13. 2. BOTH ASSESSEES BY WAY OF ITS GROUNDS OF APPEALS HAVE CHALLENGED THE ACTION OF THE CIT(A) IN CONFIRMING THE PEN ALTY UNDER S. 271(1)(C) OF THE ACT. ITA NOS. 2281 & 2282/AHD/17 [JAYESH & DINESH K. PATEL HUF VS. ITO] A.Y. 2012-13 - 2 - 3. WHEN THE MATTER WAS CALLED FOR HEARING, THE LEAR NED AR FOR THE ASSESSEE SUBMITTED THAT THE QUANTUM ADDITIONS/DISAL LOWANCES GIVING RISE TO THE IMPOSITION OF PENALTY IN BOTH APPEALS HAVE BEEN REVERSED BY THE CO- ORDINATE BENCH OF TRIBUNAL IN ITA NO. 1062/AHD/2017 , ORDER DATED 24.06.2019 (IN CASE OF SHRI JAYESH K. PATEL HUF) AN D IN ITA NO. 1061/AHD/2017 ORDER DATED 19.09.2019 (IN CASE OF DI NESH K. PATEL HUF) IN THE QUANTUM PROCEEDINGS. 4. IN VIEW OF THE FACT THAT THE QUANTUM ADDITIONS/D ISALLOWANCES ITSELF DOES NOT SURVIVE AND CEASES TO EXIST HAVING REGARD TO THE APPELLATE ORDER OF THE ITAT IN QUANTUM PROCEEDINGS, THE VERY BASIS FOR IMPOSITION OF PENALTY UNDER S. 271(1)(C) DOES NOT SURVIVE ANY MORE. THER EFORE, THE ACTION OF THE CIT(A) TOWARDS IMPOSING PENALTY IS SET ASIDE AND CA NCELLED. 5. IN THE RESULT, BOTH THE APPEALS OF THE ASSESSEE ARE ALLOWED. SD/- SD/- (MAHAVIR PRASAD) (PRADIP KUMA R KEDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: DATED 14/11/2019 TRUE COPY S. K. SINHA !'#' / COPY OF ORDER FORWARDED TO:- &. / REVENUE 2. / ASSESSEE (. )*+ , / CONCERNED CIT 4. ,- / CIT (A) /. 012 33*+4 *+#4 56) / DR, ITAT, AHMEDABAD 7. 289 : / GUARD FILE. BY ORDER / 4 /5 *+#4 56) THIS ORDER PRONOUNCED IN OPEN COURT ON 14/11/201 9