ACIT, Central Circle - 4(3) , Kolkata V. M/s. Vijayshree Autocom Ltd., , Kolkata

ITA 2286/KOL/2018

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 1536 (ITAT-KOLKATA)
• Duration Of Justice: 3 year(s) 6 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-05-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 04-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MIRAJ D. SHAH
• Assessee Lawyers: RANU BISWAS
• Keywords: Invalid notice
• Section: 274

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH: KOLKATA [Before Shri Sanjay Garg, Judicial Member & Shri Rajesh Kumar, Accountant Member] I.T.A. No. 2286/Kol/2018 Assessment Year : 2013-14 ACIT, Circle-4(3), Kolkata Vs. M/s Vijayshree Autocom Ltd. (PAN: AADCV 1952 C) Appellant Respondent Date of Hearing 23.02.2022 Date of Pronouncement 23.05.2022 For the Appellant Shri Miraj D Shah, Advocate For the Respondent Smt. Ranu Biswas, Addl. CIT ORDER Per Shri Rajesh Kumar, AM: This is an appeal preferred by the revenue against the order of the Commissioner of Income Tax(Appeals)-21, Kolkata [hereinafter referred to as ‘CIT(A)’] dated 27.08.2018 for the assessment year 2013-14. 2. This appeal was heard on 23 rd February, 2022 along with Cross appeals filed by the assessee in ITA Nos. 2374 & 2375/Kol/2018 for AYs. 2013-14 and 2014-15. It was pointed out by the Registry that the appeals by the assessee have been disposed off and allowed by the Bench however the cross appeals by the revenue has escaped the attention. After carefully perusing the facts on record we find that we have already decided the issue of penalty u/s 271AAB of the Income Tax Act, 1961 (hereinafter referred to as the Act) in the assessee’s appeal wherein we have quashed the penalty proceedings being based on the defective notice wherein we have held that the notice suffers from substantive defect of not mentioning the clause under which the penalty was proposed to be levied. Both these appeals by the assessee as well as by the revenue were heard together however at the time of passing the order this appeal has inadvertently not stated to be dismissed. Hence this appeal is being decided separately by passing this order. 2 ITA No. 2286/Kol/2018 AY: 2013-14 M/s Vijayshree Autocom Ltd. 3. The issue raised by the revenue is against the partial relief allowed to the assessee by the Ld. CIT(A) by reducing the quantum of penalty from 30% to 10%. Since we have already allowed the cross appeal of the assessee by holding that the penalty proceedings suffered from the vice of being invalid and void ab-initio as the same was initiated by issuing of invalid notice u/s 274 read with Section 271AAB of the Act which does not mention the clause under which the penalty was proposed to be levied by following various Co-ordinate bench cases and also the decision of Hon’ble Madras High Court in the case of PCIT vs. Shri R. Elangovan in Tax Case Appeal Nos. 770 & 771 and CMP No. 18581 of 2018 dt. 30/03/2021. In view of our decision in the assessee’s appeal, this appeal of the revenue become infructuous and is dismissed. 7. In the result, the appeal of the revenue is dismissed. Order is pronounced in the open court on 23 rd May, 2022 Sd/- Sd/- (Sanjay Garg) (Rajesh Kumar) Judicial Member Accountant Member Dated: 23 rd May, 2022 SB, Sr. PS Copy of the order forwarded to: 1. Appellant- ACIT, Circle-4(3), Kolkata 2. Respondent – M/s. Vijayshree Autocom Ltd, Continental Chambers,15A, Hemant Basu Sarani, Kolkata - 700001 3. The CIT(A)- 21, Kolkata 4. Pr. CIT- Kolkata 5. DR, Kolkata Benches, Kolkata (sent through e-mail) True Copy By Order Assistant Registrar ITAT, Kolkata Benches, Kolkata