The DCIT, Circle-5, Baroda V. M/s. Shubham Enterprise, Baroda

ITA 276/AHD/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 8234 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 3 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-05-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2009-2010
• Appeal Filed On: 04-02-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAURABH SINGH

Judgement Text

, A IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER & PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER ./ I.T.A. NO. 276/AHD/2016 ( / ASSESSMENT YEAR : 2009-10) THE DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE-3(1), 5 TH FLOOR, AAYAKAR BHAVAN, RACE COURSE CIRCLE,BARODA- 390007 / VS. M/S. SHUBHAM ENTERPRISE, B-41, SWETA PARK SOCIETY, HARNI, BARODA-390006 ./ ./ PAN/GIR NO. : AAMFM3539L ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI SAURABH SINGH, SR. DR / RESPONDENT BY : WRITTEN SUBMISSION / DATE OF HEARING 17/05/2018 !'# / DATE OF PRONOUNCEMENT 28/ 05/2018 $%/ O R D E R PER PRADIP KUMAR KEDIA - AM: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTANCE OF THE REVENUE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX(APPEALS )-3, BARODA [CIT(A)] DATED 18.11.2015 ARISING IN THE PENALTY ORDER DAT ED 26.03.2014 PASSED BY THE ASSESSING OFFICER UNDER SECTION 271(1)(C) OF THE IN COME TAX ACT, 1961 (THE ACT) CONCERNING ASSESSMENT YEAR 2009-10. ITA NO.276/AHD/2 014 ASST.YEAR 2009-10 - 2 - 2. THE REVENUE HAS AGGRIEVED BY THE ORDER OF THE LD . CIT(A) WHEREBY THE PENALTY UNDER SECTION 271(1)(C) OF THE ACT AMOUNTIN G TO RS. 24,92,410/- IMPOSED BY THE ASSESSING OFFICER WAS DELETED BY THE CIT(A). NONE APPEARED FOR THE ASSESSEE. HOWEVER AN APPLICATION WAS SUBMITTED ON B EHALF OF THE ASSESSEE WHEREIN IT WAS POINTED OUT THAT THE ADDITIONS/DISALLOWANCES MADE IN THE QUANTUM ASSESSMENT GIVING RISE TO THE IMPOSITION OF PENALTY IN APPEAL HAS BEEN REVERSED BY THE CO-ORDINATE BENCH OF TRIBUNAL IN ITA NO. 960/AH D/2013 ORDER DATED 20.03.2017 FOR ASSESSMENT YEAR 2009-10 IN ASSESSEE S OWN CASE. THUS IN VIEW OF THE FACT THAT THE QUANTUM ADDITIONS/DISALLOWANCES I TSELF HAVE BEEN DELETED, THE VERY BASIS FOR IMPOSITION OF PENALTY UNDER SECTION 271(1)(C) CEASES TO EXIST AND DOES NOT SURVIVE ANY MORE. HENCE THE CONCLUSION DRA WN BY THE CIT(A) WHILE DELETING THE PENALTY CANNOT BE DISTURBED. 3. IN THE RESULT APPEAL OF THE REVENUE IS DISMISSED . THIS ORDER PRONOUNCED IN OPEN COURT ON 28/05/2018 SD/- SD/- (RAJPAL YADAV) (P RADIP KUMAR KEDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD; DATED 28/05/2018 MUKUL !' #' / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. & '( ) / CONCERNED CIT 4. ) ( ) / THE CIT(A)-5, AHMEDABAD 5. ,-. //'( , '(# , 12$&$ / DR, ITAT, AHMEDABAD 6. .34 5 / GUARD FILE. $ % / BY ORDER, &/% '( ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD