Padam Raj Singh, Kanpur V. Income Tax Officer-4(3), Lucknow

ITA 389/LKW/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 1104 (ITAT-LUCKNOW)
• Duration Of Justice: 1 year(s) 8 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-02-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 23-06-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

I.T.A. NO.389/LKW/2016 ASSESSMENT YEAR:2010-11 1 IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A, LUCKNOW BEFORE SHRI T. S. KAPOOR, ACCOUNTANT MEMBER AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER ITA NO.389/LKW/2016 ASSESSMENT YEAR:2010-11 SHRI PADAM RAJ SINGH, 124/36, D-BLOCK, GOVIND NAGAR, KANPUR. PAN:BDRPS 9752 E VS. INCOME TAX OFFICER-IV(3), LUCKNOW. (APPELLANT) (RESPONDENT) O R D E R PER T. S. KAPOOR, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST TH E ORDER OF LEARNED CIT(A) DATED 15/03/2016 RELATING TO ASSESSMENT YEAR 2010-11. 2. AT THE OUTSET, LEARNED A. R. SUBMITTED THAT THE QUANTUM APPEAL OF THE ASSESSEE FOR THE YEAR UNDER CONSIDERATION HAS A LREADY BEEN SET ASIDE BY HON'BLE TRIBUNAL VIDE ORDER DATED 08/12/2017 TO THE FILE OF THE ASSESSING OFFICER TO FRAME THE ASSESSMENT DE NOVO AFTER MAKIN G DETAILED ENQUIRY ON THE IMPUGNED ISSUE. LEARNED A. R. SUBMITTED THAT S INCE THE QUANTUM APPEAL, ON THE BASIS OF WHICH THE PENALTY WAS LEVIE D BY THE ASSESSING OFFICER AND CONFIRMED BY LEARNED CIT(A), HAS ALREAD Y BEEN SENT TO THE FILE OF THE ASSESSING OFFICER THEREFORE, THE PENALTY DOES N OT SURVIVE AND THE SAME MAY PLEASE BE DELETED. APPELLANT BY SHRI B. P. YADAV, COST ACCOUNTANT RESPONDENT BY SHRI YASHVENDRA SINGH, D.R. DATE OF HEARING 20/02/2018 DATE OF PRONOUNCEMENT 27 / 02 /201 8 I.T.A. NO.389/LKW/2016 ASSESSMENT YEAR:2010-11 2 3. WE HAVE HEARD THE RIVAL PARTIES AND HAVE GONE TH ROUGH THE MATERIAL PLACED ON RECORD. WE FIND THAT THE QUANTUM APPEAL , ON THE BASIS OF WHICH THE PENALTY WAS LEVIED BY THE ASSESSING OFFICER AND CONFIRMED BY LEARNED CIT(A), HAS ALREADY BEEN SENT TO THE FILE OF THE AS SESSING OFFICER BY SMC BENCH OF THE TRIBUNAL VIDE ORDER DATED 08/12/2017 T O FRAME THE ASSESSMENT DE NOVO AFTER MAKING DETAILED ENQUIRY ON THE IMPUG NED ISSUE THEREFORE, THE PENALTY LEVIED BY THE ASSESSING OFFICER AND CONFIRM ED BY LEARNED CIT(A) AUTOMATICALLY GETS DELETED. HOWEVER, AFTER MAKING THE ASSESSMENT AFRESH, IF THE ASSESSING OFFICER DEEMS IT FIT, HE CAN INITIATE THE PENALTY PROCEEDINGS AGAIN AS PER LAW. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. (ORDER PRONOUNCED IN THE OPEN COURT ON 27/02 /2018) SD/. SD/. (PARTHA SARATHI CHAUDHURY) ( T. S. KAPOOR ) JUDICIAL MEMBER A CCOUNTANT MEMBER DATED:27/02/2018 *SINGH COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. CONCERNED CIT 4. THE CIT(A) 5. D.R., I.T.A.T., LUCKNOW