Ravindra Babulal Rajput, Jalgaon V. Income tax officer,

ITA 2721/PUN/2016

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 2674 (ITAT-PUNE)
• Duration Of Justice: 2 year(s) 3 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-03-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 06-03-2019
• Assessment Year: 2005-2006
• Appeal Filed On: 02-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHABANA PARVEEN
• Assessee Lawyers: VIJAY R JAJU
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUNE . , , , BEFORE SHRI D. KARUNAKARA RAO, AM AND SHRI VIKAS AWASTHY, JM . / ITA NO . 27 21 /PUN/201 6 / ASSESSMENT YEAR : 200 5 - 06 RAVINDRA BABULAL RAJPUT, 86, ANAND NAGAR, AT POST : JAMNER, TALUKA JAMNER, JALGAON 424206 PAN : AAUPR3079A ....... / APPELLANT / V/S. THE INCOME TAX OFFICER, WARD 1(2), AURANGABAD / RESPONDENT ASSESSEE BY : S HRI VIJAY R. JAJU REVENUE BY : MS. SHABANA PARVEEN / DATE OF HEARING : 06 - 03 - 2019 / DATE OF PRONOUNCEMENT : 08 - 0 3 - 2019 / ORDER PER VIKAS AWASTHY, JM : TH IS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF COMMI SSIONER OF INCOME TAX (APPEALS) - 1 , AURANGABAD DATED 14 - 09 - 2016 CONFIRMING LEVY OF PENALTY U/S. 271(1)(C) O F THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT ) FOR THE ASSESSMENT YEAR 20 0 5 - 06. 2 ITA NO .2721/PUN/2016, A.Y. 2005 - 06 2. S HRI VIJAY R. JAJU APPEARING ON BEHALF OF THE ASSESSEE SUBMITTED THAT THE COMMISSIONER OF INCOME TAX (APPEALS) HAS DISMISSED THE APPEAL OF ASSESSEE AGAINST THE ORDER OF ASSESSING OFFICER LEVYING PENALTY U/S. 271(1)(C) IN LIMIN E FOR NON PROSECUTION. THE LD. AR SUBMITTED THAT SUBSEQUENT TO THE IMPUGNED ORDER DISMISSING THE APPEAL OF ASSESSEE AGAINST LEVY OF PENALTY U/S. 271(1)(C) OF THE ACT , T HE COMMISSIONER OF INCOME TAX (APPEALS) VIDE ORDER DATED 09 - 01 - 2018 HAS DELETED THE ADDITION ON WHICH PENALTY WAS LEVIED. THEREFORE, AS OF NOW THERE IS NO ADDITION ON WHICH PENALTY U/S. 271(1)(C) HAS BEEN LEVIED. 3. MS. SHABANA PARVEEN REPRESENTING THE DEPARTMENT FAIRLY ADMITTED THAT THE COMMISSIONER OF INCOME TAX (APPEALS) VIDE ORDER DATED 09 - 01 - 2018 HAS DELETED THE ADDITION ON WHICH PENALTY WAS LEVIED U/S. 271(1)(C) OF THE ACT. 4. BOTH SIDES HEARD. ORDERS OF THE AUTHORITIES BELOW PERUSED. THE ASSESSING OFFICER HAD LEVIED PENALTY U/S. 271(1)(C) VIDE ORDER DATED 05 - 09 - 2013 IN RESPECT OF ADDITION OF RS.9,08,000/ - ON ACCOUNT OF DIFFERENCE IN SALE CONSIDERATION. IN F IRST A PPEAL AGAINST THE SAID ADDITION , THE COMMISSIONER OF INCOME TAX (APPEALS) DELETED THE ADDITION ON MERITS AND ALLOWED THE APPEAL OF ASSESSEE. SINCE, THE SUBSTRATUM FOR LEV Y OF PENALTY HAS ERODED , THE PENALTY DOES NOT SURVIVE. IN ANY CASE THE COMMISSIONER OF INCOME TAX (APPEALS) HAD DISMISSED THE APPEAL OF ASSESSEE FOR WANT OF PROSECUTION IN LIMIN E, T HE 3 ITA NO .2721/PUN/2016, A.Y. 2005 - 06 IMPUGNED ORDER IS UN SUSTAINABLE IN EYE OF LAW . TH US, IMPUGNED ORDER IS LIABLE TO BE QUASHED ON BOTH THE COUNTS. WE HOLD AND DIRECT ACCORDINGLY. 5. IN THE RESULT, THE APPEAL OF ASSESSEE IS ALLOWED. ORDER PRONOUNCED ON FRIDAY, THE 08 TH DAY OF MARCH, 2019. SD/ - SD/ - ( . /D. KARUNAKARA RAO ) ( / VIKAS AWASTHY) / ACCOUNTANT MEMBER / JUDICIAL MEMBER / PUNE; / DATED : 08 TH MARCH, 2019 RK / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 1 , AURANGABAD 4. THE PR. COMMISSIONER OF INCOME TAX - 1 , AURANGABAD 5. , , , / DR, ITAT, A BENCH, PUNE. 6. / GUARD FILE. / / // TRUE COPY// / BY ORDER, / PRIVATE SECRETARY, , / ITAT, PU NE