The Dy. Commissioner of Income Tax (Exemptions), Circle-2, Ahmedabad V. Vadodara Urban Development Authority, Vadodara

ITA 2345/AHD/2016

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 7148 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 6 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-04-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2012-2013
• Appeal Filed On: 12-09-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K DEV
• Assessee Lawyers: S N SOPARKAR
• Section: 271(1)(c)

Judgement Text

ITA NO.2345/AHD/2016 ASSESSMENT YEAR: 2010-11 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD A BENCH, AHMEDABAD [CORAM: PRAMOD KUMAR, VP AND MS. MADHUMITA ROY, JM] ITA NO.2345/AHD/2016 ASSESSMENT YEAR: 2010-11 DY. COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE-2, AHMEDABAD. .. .......... APPELLANT VS. VADODARA URBAN DEVELOPMENT AUTHORITY .... RESPONDENT VUDA BHAVAN, L&T CIRCLE, KARELI BAUGH, VADODARA 390 018. [PAN: AAABV 0141 M] APPEARANCES BY S.K. DEV FOR THE APPELLANT S.N. SOPARKAR FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : 09.01.2019 DATE OF PRONOUNCING THE ORDER : 01.04.2019 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 15 TH JULY 2016, PASSED BY THE LD. CIT(A), DELETING THE PENALTY OF RS.20,25,900./- IMPOSED ON THE ASSESSEE UNDER SECTI ON 271(1)(C) OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT YEAR 2010-11. 2. VIDE ORDER DATED 28 TH JANUARY 2019, A CO-ORDINATE BENCH OF THIS TRIBUNAL HAS DELETED THE RELATED QUANTUM ADDITION. ONCE THE RELATED QUAN TUM ADDITION ITSELF STANDS DELETED, THE VERY FOUNDATION OF IMPUGNED PENALTY CEASES TO HOLD GOOD IN LAW. FOR THIS SHORT REASON ALONE, WE UPHOLD THE CONCLUSION ARRIVED AT BY THE L EARNED CT(A) AND DECLINE TO INTERFERE IN THE MATTER. 3. IN THE RESULT, THE APPEAL IS DISMISSED. PRONOUN CED IN THE OPEN COURT ON THIS 1 ST DAY OF APRIL, 2019. SD/- SD/- MS. MADHUMITA ROY PR AMOD KUMAR (JUDICIAL MEMBER) (VICE PRESIDENT) AHMEDABAD, THE 1 ST DAY OF APRIL, 2019 ITA NO.2345/AHD/2016 ASSESSMENT YEAR: 2010-11 PAGE 2 OF 2 PBN/* COPIES TO: (1) THE APPELLANT (2) THE RESPOND ENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD