ITO INTERNATIONAL TAXATION 1(2), CHENNAI V. JAYARAMAN MUTHUKUMAR, CHENNAI

ITA 2930/CHNY/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 4004 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-02-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 17-10-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: M KOUSIK GANESH
• Section: 271(1)(c); 260A

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI . . . , ! .#$#%, ' !( BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER ./ ITA NO.2930/CHNY/2018 % *% / ASSESSMENT YEAR : 2010-11 THE INCOME TAX OFFICER, INTERNATIONAL TAXATION 1(2), CHENNAI - 600 006. V. SHRI JAYARAMAN MUTHU KUMAR, NO.3, 10 TH MAIN ROAD, VIJAYA NAGAR, VELACHERY, CHENNAI - 600 042. PAN : AAOPM 7354 F (,-/ APPELLANT) (./,-/ RESPONDENT) ,- 0 1 / APPELLANT BY : SHRI AR.V. SREENIVASAN, JCIT ./,- 0 1 / RESPONDENT BY : SHRI M. KOUSIK GANESH, CA 2 0 3' / DATE OF HEARING : 30.01.2019 45* 0 3' / DATE OF PRONOUNCEMENT : 06.02.2019 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER : THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST TH E ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) -16, CHENN AI, DATED 03.08.2018 DELETING THE PENALTY LEVIED BY THE ASSES SING OFFICER UNDER SECTION 271(1)(C) OF THE INCOME-TAX ACT, 1961 (IN SHORT 'THE ACT'). 2 I.T.A. NO.2930/CHNY/18 2. SHRI AR.V. SREENIVASAN, THE LD. DEPARTMENTAL REPRESENTATIVE, SUBMITTED THAT THE CIT(APPEALS) DEL ETED THE PENALTY ON THE GROUND THAT THIS TRIBUNAL DELETED THE ADDITI ON MADE BY THE ASSESSING OFFICER ON WHICH THE PENALTY WAS LEVIED. ACCORDING TO THE LD. D.R., THE REVENUE HAS ALREADY FILED AN APPEAL B EFORE THE HIGH COURT UNDER SECTION 260A OF THE ACT AND THE SAME IS PENDING FOR ADJUDICATION. THEREFORE, ACCORDING TO THE LD. D.R. , THIS APPEAL IS PREFERRED. 3. WE HEARD SHRI KOUSIK GANESH, THE LD. REPRESENTAT IVE FOR THE ASSESSEE ALSO. THE VERY FOUNDATION FOR LEVY OF PEN ALTY IS ADDITION MADE BY THE ASSESSING OFFICER IN THE COURSE OF ASSE SSMENT. THIS TRIBUNAL DELETED THE ADDITION MADE BY THE ASSESSING OFFICER ON APPEAL BY THE ASSESSEE. THEREFORE, AS ON TODAY, T HE FOUNDATION ON WHICH THE PENALTY WAS LEVIED IS NOT IN EXISTENCE. THE CONTENTION OF THE REVENUE IS THAT AN APPEAL IS PENDING BEFORE THE HIGH COURT. IT IS NOT A CASE OF THE REVENUE THAT THE ORDER OF THIS TRIBUNAL WAS STAYED BY THE HIGH COURT. IN THOSE CIRCUMSTANCES, THE CIT(APPEALS) HAS RIGHTLY DELETED THE PENALTY LEVIED BY THE ASSES SING OFFICER. THEREFORE, THIS TRIBUNAL DO NOT FIND ANY REASON TO INTERFERE WITH THE ORDER OF THE LOWER AUTHORITY AND ACCORDINGLY THE SA ME IS CONFIRMED. 3 I.T.A. NO.2930/CHNY/18 4. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. ORDER PRONOUNCED IN THE COURT ON 6 TH FEBRUARY, 2019 AT CHENNAI. SD/- SD/- ( !.#$#% ) ( . . . ) (ABRAHAM P. GEORGE) (N.R.S. GANESAN) ' / ACCOUNTANT MEMBER /JUDICIAL MEMBER /CHENNAI, 7 /DATED, THE 6 TH FEBRUARY, 2019. KRI. 0 .389 :9*3 /COPY TO: 1. ,- /APPELLANT 2. ./,- /RESPONDENT 3. 2 ;3 () /CIT(A)-16, CHENNAI-34 4. 2 ;3 /CIT(INTERNATIONAL TAXATION), CHENNAI 5. 9< .3 /DR 6. =% > /GF.