DCIT (Exemptions), Circle-2, Ahmedabad V. Paramount Charity Trust, Baroda

ITA 2320/AHD/2017

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 5284 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 3 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-01-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 16-10-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: M K PATEL
• Section: 271(1)(c)

Judgement Text

ITA NO.2320/AHD/2017 ASSESSMENT YEAR: 2011-12 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A1 BENCH, AHMEDABAD [CORAM: JUSTICE P P BHATT, PRESIDENT AND PRAMOD KUM AR, VICE PRESIDENT] ITA NO.2320/AHD/2017 ASSESSMENT YEAR: 2011-12 DY. COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE 2, AHMEDABAD. ...... ...... APPELLANT VS. PARAMOUNT CHARITY TRUST, ... . RESPONDENT PARAMOUNT COMPLEX, NEAR NATUBHAI CIRCLE, GOTRI ROAD, RACE COURSE, BARODA 390 007. [PAN: AAATP 2338 J] APPEARANCES BY MUDIT NAGPAL FOR THE APPELLANT M.K. PATEL FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : 29.01.2019 DATE OF PRONOUNCEMENT : 29.01.2019 O R D E R PER PRAMOD KUMAR, VICE PRESIDENT: 1. BY WAY OF THIS APPEAL, THE APPELLANT ASSESSING O FFICER HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 28.07.2017, PASSED B Y THE LEARNED CIT(A)-9, AHMEDABAD, DELETING PENALTY OF RS.39,11,131/- IMPOS ED ON THE ASSESSEE UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961 FOR T HE ASSESSMENT YEAR 2011-12. 2. SO FAR AS THE GRIEVANCE OF THE ASSESSING OFFICER IS CONCERNED, LEARNED REPRESENTATIVES FAIRLY AGREE THAT THE RELATED QUANT UM ADDITION ITSELF STANDS DELETED, VIDE ORDER DATED 27.04.2018, BY A CO-ORDINATE BENCH OF THIS TRIBUNAL AND HENCE THE VERY FOUNDATION OF IMPUGNED PENALTY CEASES TO HOLD GOOD IN LAW. THE IMPUGNED PENALTY, THEREFORE, MUST ALSO BE DELETED. WE ORDER SO. 3. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DI SMISSED. PRONOUNCED IN THE OPEN COURT TODAY ON THE 29 TH DAY OF JANUARY, 2019. SD/- SD/- JUSTICE P P BHATT PRAMOD KUMAR (PRESIDENT) (VICE PRESIDENT) AHMEDABAD, DATED THE 29 TH DAY OF JANUARY, 2019 ITA NO.2320/AHD/2017 ASSESSMENT YEAR: 2011-12 PAGE 2 OF 2 PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) CIT (4) CIT(A) (5) DR (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD