Smt. Sumandevi P. Agarwal, Ahmedabad V. The Income Tax Officer,Ward- 5(2)(4), Ahmedabad

ITA 2812/AHD/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 8133 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 8 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-06-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 26-04-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 06-10-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SAURABH SINGH
• Assessee Lawyers: KETAN H SHAH

Judgement Text

, A IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, AHMEDABAD BEFORE SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER & SMT. MADHUMITA ROY, JUDICIAL MEMBER ./ I.T.A. NO. 2812/AHD/2015 ( ASSESSMENT YEAR : 2005-06) SMT. SUMANDEVI P. AGRAWAL C/O. KETAN H. SHAH, ADVOCATE 903, SAPPHIRE COMPLEX, C. G. ROAD, NAVRANGPURA, AHMEDABAD 380009 / VS. INCOME TAX OFFICER, WARD-5(2)(4), AHMEDABAD 380009 ./ ./ PAN/GIR NO. : ABDPA8085D ( APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI KETAN H. SHAH, A.R. / RESPONDENT BY : SHRI SAURABH SINGH, SR.D.R. DATE OF HEARING 11/06/2018 !'# / DATE OF PRONOUNCEMENT 11/06/2018 / O R D E R PER PRADIP KUMAR KEDIA - AM: THE CAPTIONED APPEAL HAS BEEN FILED AT THE INSTANCE OF THE ASSESSEE AGAINST THE ORDER OF THE CIT(A)-5, AHMEDAB AD (CIT(A) IN SHORT), DATED 11.08.2015 ARISING IN THE PENALTY ORD ER DATED 12.03.2015 PASSED BY THE ASSESSING OFFICER (AO) U/S. 271(1)(C) OF THE INCOME TAX ACT, 1961; (THE ACT) CONCERNING ASSESSMENT YEAR 200 5-06. 2. THE ASSESSEE BY WAY OF ITS GROUNDS OF APP EAL HAS CHALLENGED THE ACTION OF THE REVENUE AUTHORITIES IN IMPOSING PENALTY OF ITA NO. 2812/AHD/15 [SMT. SUMANDEVI P. AGRAWAL VS. ITO] A.Y. 2005-06 - 2 - RS.3,34,746/- UNDER S. 271(1)(C) OF THE ACT. 3. WHEN THE MATTER WAS CALLED FOR HEARING, THE LEAR NED AR FOR THE ASSESSEE SUBMITTED THAT THE QUANTUM ADDITIONS/DISAL LOWANCES GIVING RISE TO THE IMPOSITION OF PENALTY IN APPEAL HAS BEE N REVERSED BY THE CO- ORDINATE BENCH OF TRIBUNAL IN ITA NO.927/AHD/2014, ORDER DATED 28.06.2017 IN THE QUANTUM PROCEEDINGS. 4. IN VIEW OF THE FACT THAT THE QUANTUM ADDITIONS/D ISALLOWANCES ITSELF DOES NOT SURVIVE AND CEASES TO EXIST HAVING REGARD TO THE APPELLATE ORDER OF THE ITAT IN QUANTUM PROCEEDINGS, THE VERY BASIS FOR IMPOSITION OF PENALTY UNDER S. 271(1)(C) DOES NOT S URVIVE ANY MORE. THEREFORE, THE ACTION OF THE AO TOWARDS IMPOSING PE NALTY IS SET ASIDE AND CANCELLED. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. SD/- SD/- (MADHUMITA ROY) (PRADIP K UMAR KEDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: DATED 11/06/2018 TRUE COPY S. K. SINHA !'#' / COPY OF ORDER FORWARDED TO:- &. / REVENUE 2. / ASSESSEE (. )*+ , / CONCERNED CIT 4. ,- / CIT (A) /. 012 33*+4 *+#4 56) / DR, ITAT, AHMEDABAD 7. 289 : / GUARD FILE. BY ORDER / 4 /5 *+#4 56) THIS ORDER PRONOUNCED IN OPEN COURT ON 11/06/201 8