Capiq Engineering Pvt.Ltd., Ahmedabad V. Income Tax Officer, Ward-1(1), Baroda

ITA 3470/AHD/2016

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 6417 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 1 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-02-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 22-12-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 271(1)(c)

Judgement Text

SMC-ITA NO. 3470/AHD/2016 CAPIQ ENGINEERING PVT LTD VS. ITO ASSESSMENT YEAR: 2011-12 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD [ BEFORE SHRI PRAMOD KUMAR, VICE PRESIDENT ] ITA NO. 3470/AHD/2016 ASSESSMENT YEAR : 2011-12 CAPIQ ENGINEERING PVT LTD ........... .APPELLANT B-5/13-14, BIDC GORWA ESTATE, VADODARA 390 016 [PAN AAACC 7894 H] VS. INCOME-TAX OFFICER .......................RESPONDENT WARD 1(1), BARODA APPEARANCES BY: KINJAL SHAH FOR THE APPELLANT APOORVA BHARDWAJ FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : 13.02.2019 DATE OF PRONOUNCING THE ORDER : 18.02.2019 O R D E R 1. BY WAY OF THIS APPEAL, THE ASSESSEE APPELLANT HA S CHALLENGED CORRECTNESS OF LEARNED CIT(A)S ORDER DATED 14.10.2016 UPHOLDING P ENALTY OF RS.3,30,850/- IMPOSED ON THE ASSESSEE UNDER SECTION 271(1)(C) OF THE INCO ME TAX ACT, 1961 FOR THE ASSESSMENT YEAR 2011-12. 2. VIDE ORDER DATED 3 RD DECEMBER 2018, A CO-ORDINATE BENCH OF THIS TRIBUNA L HAS DELETED THE QUANTUM ADDITION IN RESPECT OF WHIC H THE IMPUGNED PENALTY WAS LEVIED. AS THE QUANTUM ADDITION STANDS DELETED, THE VERY FOUNDATION OF IMPUGNED PENALTY CEASES TO HOLD GOOD IN LAW. THE PENALTY IS ALSO, THEREFORE, DELETED. 3. IN THE RESULT, THE APPEAL IS ALLOWED. PRONOUNCE D IN THE OPEN COURT TODAY ON THE 18 TH FEBRUARY, 2019. SD/- PRAMOD KUMAR (VICE PRES IDENT) AHMEDABAD, THE 18 TH DAY OF FEBRUARY, 2019 **BT SMC-ITA NO. 3470/AHD/2016 CAPIQ ENGINEERING PVT LTD VS. ITO ASSESSMENT YEAR: 2011-12 PAGE 2 OF 2 COPIES TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER TRUE COPY ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCHES, AHMEDABAD 1. DATE OF DICTATION: .....COVERED MATTER...14.02. 2019.......... 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE T HE DICTATING MEMBER: ... 14.02.2019...... 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR . P.S./P.S.: ..18.02.2019 ........ . 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE TH E DICTATING MEMBER FOR PRONOUNCEMENT: 18.02.2019... 5. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK : ... 18.02.2019......... 6. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK : . 7. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER: 8. DATE OF DESPATCH OF THE ORDER.......