Income Tax Officer-(Exeption), Lucknow V. M/s F.I Educational & Welfare Society, Lucknow

ITA 270/LKW/2017

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 6482 (ITAT-LUCKNOW)
• Duration Of Justice: 1 year(s) 2 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-06-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 25-06-2018
• Assessment Year: 2011-2012
• Appeal Filed On: 21-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: H K PANDEY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH B , LUCKNOW BEFORE SHRI. T.S. KAPOOR, ACCOUNTANT MEMBER AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER ITA NO. 270/LKW/2017 ASSESSMENT YEAR: 2011 - 12 INCOME TAX OFFICER (EXEMPTION) LUCKNOW V. F.I . EDUCATIONAL & WELFARE SOCIETY 37, CANTT. ROAD LUCKNOW T AN /PAN : AAAAF0674N (APP ELL ANT) (RESPONDENT) APPELLANT BY: SHRI H.K. PANDEY, D.R. RESPONDENT BY: SHRI SHUBHAM RASTOGI, C.A. DATE OF HEARING: 25 0 6 201 8 DATE OF PRONOUNCEMENT: 26 0 6 201 8 O R D E R PER P ARTHA SARATHI CHAUDHURY, J.M : THIS APPEAL PREFERRED BY THE REVENUE EMANATES FROM THE ORDER OF THE LD. CIT(A) - 4, LUCKNOW DATED 21/2/2017. 2 . THE SOLE GRIEVANCE OF THE REVENUE IS AGAINST THE DELETION OF THE PENALTY BY THE LD. CIT(A) OF RS.24,07,28 4/ - IMPOSED BY THE ASSESSING OFFICER UNDER SECTION 271(1)(C) OF THE ACT. 3 . AT THE VERY OUTSET, THE LD. A.R. OF THE ASSESSEE INVITED OUR ATTENTION TO THE ORDER DATED 31/1/2017 OF BY THE LD. CIT(A) IN QUANTUM WHEREIN THE ADDITION WAS DELETED BY THE LD. CIT(A). THE LD. A.R. OF THE ASSESSEE FURTHER SUBMITTED THAT ONCE ADDITION ITSELF HAS BEEN DELETED IN THE QUANTUM PROCEEDINGS , THEREFORE, THERE IS NO BASIS TO LEVY PENALTY UNDER SECTION 271(1)(C) OF THE ACT AND THE LD. CIT(A) HAS RIGHTLY ITA NO.270/LKW/2017 PAGE 2 OF 2 PROVIDED RELIEF TO THE AS SESSEE BY DELET ING THE PENALTY. THE LD. D.R. EXAMINED THE RECORDS AND AGREED TO THE SUBMISSIONS MADE BY THE LD. A.R. OF THE ASSESSEE. 4 . WE HAVE PERUSED THE CASE RECORDS , HEARD THE RIVAL CONTENTIONS AND CAREFULLY PERUSED THE ORDER OF THE LD. CIT(A) IN THE QU ANTUM AND WE FIND THAT THE ADDITIONS, FOR WHICH PENALTY WAS LEVIED, HAS BEEN DELETED BY THE LD. CIT(A) , THEREFORE, THE LD. CIT(A) HAS RIGHTLY DELETED THE PENALTY LEVIED UNDER SECTION 271(1)(C) OF THE ACT. ONCE THE ADDITION MADE IN THE QUANTUM PROCEEDINGS IS DELETED, PENALTY PROCEEDINGS UNDER SECTION 271(1)(C) OF THE ACT DOES NOT HAVE ANY LEG TO STAND. THIS FACT IS ALSO ACCEPTED BY THE LD. D.R. BEFORE US. WE ARE, THEREFORE, OF THE CONSIDERED VIEW THAT THE RELIEF GRANTED BY THE LD. CIT(A) TO THE ASSESSEE I S BASED ON FACTUAL PARAMETERS AND WE DO NOT FIND ANY INFIRMITY WITH THE FINDINGS OF THE LD. CIT(A). WE, THEREFORE, CONFIRM THE ORDER OF THE LD. CIT(A) DELETING THE PENALTY LEVIED UNDER SECTION 271(1)(C) OF THE ACT. 5 . IN THE RESULT, APPEAL OF THE REVENUE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 26 / 0 6 / 201 8 . SD/ - SD/ - [ T.S. KAPOOR ] [PARTHA SARATHI CHAUDHURY ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 26 TH JUNE , 201 8 JJ: 2506 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT(A) 4 . CIT 5 . DR