I.T.O., Ward-2(1), Farrukhabad V. M/s Farrukhabad Investment India Ltd. C/o, Farrukhabad

ITA 536/AGR/2012

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 0604 (ITAT-AGRA)
• Duration Of Justice: 6 year(s) 5 month(s) 26 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 16-05-2019
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 08-01-2013
• Assessment Year: 2004-2005
• Appeal Filed On: 20-11-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA BEFORE : SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI A.L. GEHLOT, ACCOUNTANT MEMBER ITA NO. 535 &536/AGRA/2012 ASSTT. YEAR : 2002-03 & 2004-05 INCOME-TAX OFFICER, VS. M/S. FARRUKHABAD INVESTMEN T INDIA LTD., WARD 2(1), FARRUKHABAD. HOTEL HINDUSTAN, BARHPUR, FARRUKHABAD. (PAN : AACCT 0563 G) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI WASEEM ARSHAD, SR. D.R. RESPONDENT BY : SHRI ANURAG SINHA, ADVOCATE DATE OF HEARING : 08.01.2013 DATE OF PRONOUNCEMENT OF ORDER : 11.01.2013 ORDER PER BHAVNESH SAINI, J.M.: BOTH THE DEPARTMENTAL APPEALS ARE DIRECTED AGAINST SEPARATE ORDER OF LD. CIT(A), GAZIABAD DATED 31.08.2012 FOR THE ASSESSMEN T YEAR 2002-03 AND 2004-05, CHALLENGING THE CANCELLATION OF PENALTY U/S. 271(1) (C) OF THE IT ACT . 2. THE LD. CIT(A) NOTED IN THE APPELLATE ORDER THAT THE ASSESSEE HAS FURNISHED COPY OF ORDER OF ITAT, AGRA BENCH IN THE CASE OF TH E SAME ASSESSEE FOR THE SAME ASSESSMENT YEARS IN ITA NOS. 164 & 165/AGR/2009 DAT ED 22.06.2012 WHEREBY BOTH THE APPEALS OF THE ASSESSEE HAVE BEEN PARTLY ALLOWE D ON QUANTUM. IT WAS PLEADED BEFORE THE LD. CIT(A) THAT SINCE THE ADDITIONS, ON WHICH PENALTY HAS BEEN IMPOSED HAVE BEEN DELETED BY THE TRIBUNAL, THEREFORE, PENAL TY WOULD NOT SURVIVE. THE LD. ITA NO. 535 &536/AGRA/2012 2 CIT(A) ACCEPTED THE CONTENTION OF THE ASSESSEE THAT SINCE THE ADDITION ITSELF ON THE BASIS OF WHICH PENALTY WAS LEVIED HAVE BEEN DELETED BY THE TRIBUNAL, THEREFORE, PENALTY CANNOT SURVIVE AND BOTH THE APPEALS OF THE ASSESSEE WERE ACCORDINGLY ALLOWED. 3. THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET R EITERATED THE SUBMISSIONS MADE BEFORE THE LD. CIT(A) AND FILED COPY OF THE OR DER OF TRIBUNAL ON QUANTUM DATED 22.06.2012 WHEREBY ALL THE ADDITIONS ON WHICH PENALTY WAS LEVIED, HAVE BEEN DELETED BY THE TRIBUNAL. COPY OF THE ORDER IS GIVEN TO THE LD. DR WHO DID NOT DISPUTE THE SAME. 4. SINCE THE QUANTUM ADDITIONS HAVE ALREADY BEEN DE LETED BY THE TRIBUNAL IN THE CASES OF THE SAME ASSESSEE FOR THE ABOVE ASSESS MENT YEARS, ON WHICH PENALTY HAS BEEN IMPOSED, NOTHING SURVIVES IN FAVOUR OF THE REVENUE TO LEVY PENALTY IN THE MATTER. THEREFORE, THE APPEALS OF THE REVENUE ARE N OT MAINTAINABLE AND ARE ACCORDINGLY DISMISSED. 5. IN THE RESULT, BOTH THE APPEALS OF THE REVENUE A RE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (A.L. GEHLOT) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER *AKS/- ITA NO. 535 &536/AGRA/2012 3 COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A), CONCERNED BY ORDER 4. CIT, CONCERNED 5. DR, ITAT, AGRA 6. GUARD FILE SR. PRIVATE SECRETARY TRUE COPY