Income Tax Officer (Exemption), Bhopal V. M/s Hero's Education and Welfare Society, Bhopal

ITA 303/Ind/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 5682 (ITAT-INDORE)
• Duration Of Justice: 1 year(s) 1 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 12-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K C SELVAMANI
• Assessee Lawyers: S S DESH
• Section: 271(1)(c)

Judgement Text

ITA NO.303/IND/2018 HEROS EDUCATION & WELFARE SOCIETY 1 IN THE INCOME TAX APPELLATE TRIBUNAL INDORE BENCH, INDORE BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER ITA NO. 303/IND/2018 A.Y. 2010-11 ITO (EXEMPTION), BHOPAL :: APPELLANT VS M/S. HEROS EDUCATION AND WELFARE SOCIETY, BHOPAL PAN AAAAH 1113 N :: RESPONDENT DEPARTMENT BY SHRI K.C. SELVAMANI, SR. DR ASSESSEES BY SHRI S.S. DESHPANDE, CA DATE OF HEARING 13.05.2019 DATE OF PRONOUNCEMENT 14.05.2019 O R D E R PER SHRI MANISH BORAD, AM THIS APPEAL IS FILED BY THE REVENUE AGAINST THE OR DER OF LD. CIT(A)- 2, BHOPAL DATED 05.1.2018 CHALLENGING THE DELETION OF PENALTY AT RS.39,40,000/- IMPOSED BY THE ASSESSING OFFICER U/S 271(1)(C) OF THE I.T. ACT. 2. AT THE OUTSET OF THE HEARING, LD. COUNSEL FOR TH E ASSESSEE CONTENDED THAT QUANTUM ADDITION ON THE BASIS OF WHI CH PENALTY WAS LEVIED BY THE ASSESSING OFFICER HAS BEEN DELETED BY THE ITAT, INDORE, ITA NO.303/IND/2018 HEROS EDUCATION & WELFARE SOCIETY 2 THEREFORE, PENALTY WILL NOT SURVIVE IN THE PRESENT APPEAL. LD. SR.DR CONCEDED THE FACT THAT THE QUANTUM ADDITIONS HAVE B EEN DELETED BY THE ITAT, INDORE. 3. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE O RDERS OF LOWER AUTHORITIES. LEARNED COUNSEL FOR THE ASSESSEE HAS F ILED THE COPY OF THE ORDER OF THE ITAT (ITA NO.232/IND/2015, ORDER DATED 10.1.2017) WHEREIN THE QUANTUM ADDITIONS HAVE BEEN DELETED BY ITAT, IN DORE. THUS, WE ARE OF THE VIEW THAT WHEN THE ADDITIONS WHICH FORMED TH E BASIS FOR LEVY OF PENALTY U/S 271(1)(C) OF THE I.T. ACT HAVE BEEN DEL ETED, THE PENALTY LEVIED ON THE SAME DOES NOT SURVIVE AND THEREFORE, WE CONFIRM THE ORDER OF THE LD. CIT(A). 4. IN RESULT, APPEAL FILED BY THE REVENUE IS DISMIS SED. ORDER WAS PRONOUNCED IN THE OPEN COURT ON 14.5.2019 . SD/- (KUL BHARAT) JUDICIAL MEMBER SD/- ( MANISH BORAD) ACCOUNTANT MEMBER DATED : 14.5.2019 ! VYAS ! COPY TO: APPELLANT/RESPONDENT/CIT(A)/PR.CIT/DR, INDORE