SHRIMATI RASHMI BHAGAT, JALANDHAR V. THE INCOME TAX OFFICER, WARD 2(3), JALANDHAR

ITA 558/ASR/2018

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 0792 (ITAT-AMRITSAR)
• Duration Of Justice: 3 year(s) 9 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-08-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 14-11-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 271(1)(c); 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR. BEFORE DR. M. L. MEENA, ACCOUNTANT MEMBER AND SH. ANIKESH BANERJEE, JUDICIAL MEMBER I.T.A. No. 558/Asr/2018 Assessment Year: 2009-10 Smt. Rashmi Bhagat, A-3, Opp. Railway Crossing, Industrial Area, Jalandhar. [PAN:AFDPB4383H] (Appellant) Vs. ITO, Ward 2(3), Jalandhar. (Respondent) Appellant by None. Respondent by Sh.S.M. Surendranath, Sr. DR. Date of Hearing 25.08.2022 Date of Pronouncement 31.08.2022 ORDER Per:Anikesh Banerjee, JM: The instant appeal was filed by the assessee against the order of the ld. Commissioner of Income Tax (Appeals)-1, Jalandhar, [in brevity the CIT(A)] bearing appeal No. 10121/17-18/CIT(A)-1/Jal, date of order 24.08.2018, the order passed u/s 250(6) of the Income Tax Act 1961, [in brevity the Act] for A.Y.2009- I.T.A. No. 558/Asr/2018 2 10. The impugned order was originated from the order of the ld. Income Tax Officer, Ward II (3), Jalandhar, date of order 25.05.2017, order passed u/s 271(1)(c) of the Act. 2. Brief fact of the case is that the addition was made amount of Rs.6,39,400/- in persuasion of the assessment u/s 144 of the Act on dated 29.11.2016. The said order was challenged before the ld. CIT(A). The ld. CIT(A) upheld the order of the AO. After confirmation of quantum appeal the penalty u/s 271(1)(c) was levied amount to Rs.1,30,625/- by the AO. 3. Being aggrieved assessee filed an appeal before us. 4. The assessee challenged the order of the CIT(A) related to quantum addition before the ITAT, bearing ITA 557/Asr/2018. Theorder of the ld. CIT(A) against the penalty is also challenged before the ITAT Amritsar Bench for adjudication. 5. Considering the ITA 557/Asr/2018 related to quantum addition the order of the revenue was quashed by the ITAT, Amritsar Bench. The same quantum addition was taken into consideration and levied penalty u/s 271(1)(c) by the AO. Both the orders u/s 144 and 271(1)(c) are consequential in nature. Accordingly, the order passed u/s 271(1)(c) has no legs to stand. I.T.A. No. 558/Asr/2018 3 6. The ld. Sr. DR has accepted the fact and had not made any objection during the hearing. Accordingly, the penalty amount of Rs.1,30,625/- levied u/s 271(1)(c) is liable to be quashed. 7. In the result, the appeal of the assessee in ITA 558/Asr/2018 is allowed. Order pronounced in the open court on 31.08.2022 Sd/- Sd/- (Dr. M. L. Meena) (ANIKESH BANERJEE) Accountant Member Judicial Member AKV Copy of the order forwarded to: (1)The Appellant (2) The Respondent (3) The CIT (4) The CIT (Appeals) (5) The DR, I.T.A.T. True Copy By Order