Income Tax Officer-2(2), Lucknow V. Shri Mohit Pratap Singh, Unnao

ITA 258/LKW/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 100466 (ITAT-LUCKNOW)
• Duration Of Justice: 1 year(s) 6 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-11-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 20-10-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 07-04-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K R RASTOGI
• Section: 27

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH B, LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER ITA NO.258/LKW/2014 ASSESSMENT YEAR 2008-09 SHRI MOHIT PRATAP SINGH, 1/219, LDA FLATS, WAZIR HASAN ROAD, LUCKNOW (PRESENT ADDRESS GAURA KATHERWA POST-JAITIPUR, DISTT.- UNNAO) 209801 PAN ATFPS 4361 Q VS ITO, 2(2), LUCKNOW (RESPONDENT) (APPELLANT) SHRI AMIT NIGAM, DR APPELLANT BY SHRI K.R. RASTOGI, CA RESPONDENT BY 20/10/2015 DATE OF HEARING 04 / 11 /2015 DATE OF PRONOUNCEMENT O R D E R PER SUNIL KUMAR YADAV, JM. 1. THIS APPEAL IS PREFERRED BY THE REVENUE AGAINST THE ORDER OF THE LD. CIT(A)-I, DELETING THE PENALTY LEVIED U/S 271(1)(C) OF THE INCOME TAX ACT, 1961. 2. DURING THE COURSE OF HEARING, LD. COUNSEL FOR TH E ASSESSEE HAS INVITED OUR ATTENTION THAT THE ADDITION FOR WHICH THE PENALTY U /S 271(1)(C) OF THE ACT WAS LEVIED HAS BEEN DELETED BY THE CIT(A) AND LATER ON THE ORDER OF THE CIT(A) WAS CONFIRMED BY THE TRIBUNAL. COPY OF THE ORDER OF THE TRIBUNAL IS PLACED ON RECORD. HE HAS FURTHER CONTENDED THAT THE CIT(A) HAS DELETE D THE PENALTY LEVIED U/S 271(1)(C) OF THE ACT FOLLOWING THE ORDER OF THE CIT (A) IN WHICH THE IMPUGNED 2 ADDITIONS WERE DELETED. IN THE LIGHT OF THESE FACTS , THE PENALTY U/S 271(1)(C) OF THE ACT IS NOT SUSTAINABLE IN THE EYES OF LAW. 3. HAVING CAREFULLY EXAMINED THE ORDERS OF THE LOWE R AUTHORITIES, WE FIND THAT THE ASSESSING OFFICER HAS LEVIED THE PENALTY U/S 27 1(1)(C) OF THE ACT ON ACCOUNT OF ADDITION OF RS.20,71,669/- MADE UNDER THE HEAD I NCOME FROM OTHER SOURCES. THIS ADDITION WAS DELETED BY THE CIT(A), WHICH WAS LATER ON CONFIRMED BY THE TRIBUNAL. THEREFORE, SINCE THE ADDITIONS ON WHICH P ENALTY OF RS.7,70,000/- WAS LEVIED WAS FINALLY DELETED, THE SAID PENALTY CANNOT BE SUSTAINED IN THE EYES OF LAW. WE, THEREFORE, FIND NO INFIRMITY IN THE ORDER OF THE CIT(A), WHO HAS DELETED THE PENALTY FOLLOWING HIS ORDER PASSED IN QUANTUM, WHICH WERE LATER ON CONFIRMED BY THE TRIBUNAL. ACCORDINGLY, THE APPEAL OF THE REVENUE STANDS DISMISSED. 4. IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSE D. (ORDER WAS PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE) SD/- SD/- (A.K. GARODIA ) (SUNIL KUMA R YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 04 /11/2015 AKS COPY OF THE ORDER FORWARDED TO : 1.THE APPELLANT 2.THE RESPONDENT. 3.CONCERNED CIT 4.THE CIT(A) 5.D.R., I.T.A.T., LUCKNOW ASST T. REGISTRAR