M/s. Suparshav Synthetics Pvt. Ltd., , Bhilwara V. ACIT, Circle, Bhilwara

ITA 342/JODH/2019

AI Insights

The case involves M/s Suparshav Synthetics Pvt. Ltd., the appellant, contesting a penalty imposed by the ACIT Circle Bhilwara, the respondent, under section 271(1)(c) of the Income Tax Act for the Assessment Year 2014-15. The penalty of Rs. 3,38,000 was initially confirmed by the Learned Commissioner of Income Tax (Appeals)-Ajmer. However, the quantum addition that led to this penalty was subsequently deleted by the ITAT, Jodhpur in a separate appeal (ITA No.174/Jodh/2018). Consequently, the tribunal in the present case decided to allow the appeal, thereby deleting the penalty.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 122680 (ITAT-JODHPUR)
• Duration Of Justice: 4 year(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-10-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 21-09-2023
• Assessment Year: 2014-2015
• Appeal Filed On: 29-09-2019
• Other Referred Cases: ITA No.174/Jodh/2018
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJEEV MOHAN
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH ‘SMC’: JODHPUR (Through Video Conferencing) BEFORE, SHRI SAKTIJIT DEY, VICE PRESIDENT AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER ITA No.342/JODH/2019 (ASSESSMENT YEAR 2014-15) M/s Suparshav Synthetics Pvt. Ltd. 115, Main Sector Shastri Nagar Bhilwara-311 001 Rajsthan PAN-AAOCS 2555B Vs. ACIT Circle Bhilwara (Appellant) (Respondent) Appellant by None Respondent by Mr. Rajeev Mohan, JCIT-DR Date of Hearing 22/09/2023 Date of Pronouncement 27/10/2023 ORDER PER DR. B.R.R. KUMAR, AM: This appeal is preferred by the Assessee against order dated 02/07/2019 passed by the Learned Commissioner of Income Tax (Appeals)-Ajmer {CIT(A)} for Assessment Year 2014-15. 2 ITA No.342/Jodh/2019 M/s Suparshav Synthetics Pvt. Ltd. vs. ACIT 2. The assessee has raised the following grounds of appeal: “1. Confirming the penalty u/sec. 271(1)(c) of Rs.3,38,000.00 is bad in law. 2. Any other matter with prior permission of the Chair.” 3. On record, we find that the quantum addition has been deleted vide the order of Co-ordinate Bench of ITAT, Jodhpur, in ITA No.174/Jodh/2018 dated 31/08/2020 and, hence, the penalty levied in this case is liable to be deleted. 4. In the result, the appeal of the Assessee is allowed. Order pronounced in the open Court on 27 th October, 2023. Sd/- Sd/- (SAKTIJIT DEY) (DR. B.R.R. KUMAR) VICE PRESIDENT ACCOUNTANT MEMBER Dated:27/10/2023 PK/Ps Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, JODHPUR