ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-2(1), NAGPUR V. FAIZ ZAKIR VALI, NAGPUR

ITA 231/NAG/2022

• Counselvise Citation: [2024] 100 COUNSELVISE.COM (IT) 0447 (ITAT-NAGPUR)
• Duration Of Justice: 2 year(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-08-2024
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 31-07-2024
• Assessment Year: 2010-2011
• Appeal Filed On: 03-08-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: VEEN AGRAWAL
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER AND SHRI K.M. ROY, ACCOUNTANT, MEMBER ITA no.231/Nag./2022 (Assessment Year : 2010–11) Asstt. Commissioner of Income Tax Central Circle–2(1), Nagpur ................ Appellant v/s Faiz Zakir Vali 1, Universal Square 1505/1, Shantinagar, Nagpur 440 002 PAN – ABBPV9750E ................ Respondent Assessee by : Smt. Veen Agrawal Revenue by : Shri Kailash C. Kanojiya Date of Hearing – 01/08/2024 Date of Order – 06/08/2024 O R D E R PER K.M. ROY, A.M. The appeal has been filed by the Revenue challenging the impugned order dated 06/06/2022, passed by the learned Commissioner of Income Tax (Appeals)–3, Nagpur, [“learned CIT(A)”], for the assessment year 2010–11. 2. In its appeal, though the Revenue has raised inasmuch as nine grounds, however, the sole issue raised in this appeal is, whether or not the the learned CIT(A) were justified in deleting the penalty under section 271(1)(c) of the Income Tax Act, 1961 ("the Act") for ` 1,04,13,300. 3. Having heard both the parties, we find that the sole issue of imposing penalty arose out of the quantum additions made by the Assessing Officer Faiz Zakir Vali ITA no.231/Nag./2022 Page | 2 which was confirmed by the learned CIT(A). However, when the matter travelled before us, these quantum additions were deleted by us in assessee’s appeal being ITA no.65/Nag./2021, for the assessment year 2010–11, vide order dated 06/08/2024. Consequently, we hold that since the quantum additions are deleted, penalty levied on such quantum additions have no legs to stand. Accordingly, the grounds of appeal raised by the Revenue are dismissed. Since the substratum of imposing penalty is destroyed, we refrain from adjudicating upon the merits of the case. 4. In the result, appeal filed by the Revenue is dismissed. Order pronounced in the open Court on 06/08/2024 Sd/- V. DURGA RAO JUDICIAL MEMBER Sd/- K.M. ROY ACCOUNTANT MEMBER NAGPUR, DATED: 06/08/2024 Copy of the order forwarded to: (1) The Assessee; (2) The Revenue; (3) The PCIT / CIT (Judicial); (4) The DR, ITAT, Nagpur; and (5) Guard file. True Copy By Order Pradeep J. Chowdhury Sr. Private Secretary Sr. Private Secretary ITAT, Nagpur