Shri Dipakbhai C Yadav, Ahmedabad V. Income Tax Officer,Ward-10(2), Ahmedabad

ITA 3068/AHD/2015

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 1530 (ITAT-AHMEDABAD)
• Duration Of Justice: 6 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-05-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 23-02-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 02-11-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K
• Assessee Lawyers: RIA NAGPAL

Judgement Text

I.T.A. NO: 3068/AHD/2015 ASSESSMENT YEAR: 2008 - 09 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD B BENCH, AHMEDABAD [CORAM : PRAMOD KUMAR AM AND KUL BHARAT JM] I.T.A. NO: 3068 /AHD/201 5 ASSESSMENT YEAR: 2008 - 09 DEEPAK C YADAV .APPELLANT 401, SHRI SURYADEV APARTMENT 27C, MAHADEVN AGAR SOCIETY SARDAR PATEL STADIUM ROAD, NAVRANGPURA AHMEDABAD 380 014 [PAN: AAJPY8148C ] VS. INCOME TAX OFFICER WARD 10(2) , AHMEDABAD . RESPONDENT APPEARANCES BY: RIA NAGPAL FOR THE APPELLANT A K PANDEY FOR THE RESPONDENT D ATE OF C ONCLUDING THE HEARING : FEBRUARY 23 , 201 6 DATE OF PRONOUNCING THE ORDER : MAY 20 TH , 201 6 O R D E R PER PRAMOD KUMAR , AM : 1. BY WAY OF THIS APPEAL, THE ASSESSEE APPELLANT HAS CHALLENGED CORRECTNESS OF THE ORDER DATED 16 TH SEPTEMBER 2 015 PASSED BY THE LEARNED CIT(A), IN THE MATTER OF PENALTY UNDER SECTION 271(1)(C) OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT YEAR 2008 - 09. GRIEVANCE OF THE ASSESSEE, IN SUBSTANCE, IS THAT THE LEARNED CIT(A) ERRED IN UPHOLDING THE PENALTY OF RS 5,0149 4 , IMPOSED ON THE ASSESSEE, UNDER SECTION 271(1)(C) OF THE ACT . 2. VIDE OUR ORDER OF EVEN DATE, WE HAVE DELETED THE RELATED QUANTUM ADDITION OF RS 18,45,000 ITSELF, AND AS THE QUANTUM ADDITION ITSELF STANDS DELETED, THE VERY I.T.A. NO: 3068/AHD/2015 ASSESSMENT YEAR: 2008 - 09 PAGE 2 OF 2 FOUNDATION OF IMPUGNED PENALTY CEASES TO HOLD GOOD IN LAW. THE PENALTY MUST, THEREFORE, STAND DELETED. ORDERED, ACCORDINGLY. 3. IN THE RESULT, THE APPEAL IS ALLOWED. PRONOUNCED IN THE OPEN COURT TODAY ON 20 TH DAY OF MAY 2016 SD/ - SD/ - KUL BHARAT PRAMOD KUMAR (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) DATED: THE 20 TH DAY OF MAY, 2016. COPIES TO : (1) THE APPE LLANT (2) THE RESPONDENT (3) D IT (4) DRP (5) DR (6) GUARD FILE BY ORDER ETC ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD