M/s Alliance Builders & Contractors Ltd., Kanpur V. Astt. Commissioner of Income Tax, Kanpur

ITA 705/LKW/2016

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 8886 (ITAT-LUCKNOW)
• Duration Of Justice: 1 year(s) 9 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-09-2018
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 05-12-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Assessee Lawyers: K R RASTOGI

Judgement Text

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. 705/LKW/2016 ASSESSMENT YEAR: 2008 - 09 M/S ALLIANCE BUILDERS & CONTRACTORS LTD. NEE LKANTH FLATS, STADIUM ROAD BAREILLY V. ACIT CENTRAL CIRCLE - II KANPUR T AN /PAN : AAECA8217A (APP LICA NT) (RESPONDENT) APP LIC ANT BY: SHRI K.R. RASTOGI, C.A. RESPONDENT BY: SHRI AJAY KUMAR, D.R. DATE OF HEARING: 20 0 9 201 8 DATE OF PRONOUNCEMENT: 28 0 9 2 01 8 O R D E R PER P ARTHA SARATHI CHAUDHURY, J.M : THIS APPEAL PREFERRED BY THE ASSESSEE EMANATES FROM THE ORDER OF THE LD. CIT(A) - I, KANPUR DATED 4/10/2016 CONFIRMING THE PENALTY LEVIED UNDER SECTION 271(1)(C) OF THE INCOME - TAX ACT, BY THE ASSESSING OFFI CER. 2 . DURING THE COURSE OF HEARING, THE LD. A.R. OF THE ASSESSEE INVITED OUR ATTENTION TO THE FACT THAT THE ADDITION, ON WHICH PENALTY HAS BEEN LEVIED, WAS SET ASIDE BY THE TRIBUNAL AND THE MATTER IS RESTORED TO THE FILE OF THE ASSESSING OFFICER FOR RE - CONS IDERATION OF THE ISSUE. IN THE LIGHT OF THESE FACTS, WHEN THE ADDITION, FOR WHICH PENALTY WAS LEVIED, HAS BEEN SET ASIDE, THE IMPUGNED PENALTY IS NOT SUSTAINABLE IN THE EYES OF LAW. ITA NO.705/LKW/2016 PAGE 2 OF 2 3 . THE LD. D.R., ON THE OTHER HAND, SIMPLY PLACED RELIANCE ON THE ORDER OF T HE LD. CIT(A). 4 . WE HAVE PERUSED THE CASE RECORD AND HEARD THE RIVAL CONTENTIONS. HAVING CAREFULLY PERUSED THE ORDER OF THE TRIBUNAL DATED 20/9/2018 IN ITA NO.409/LKW/2011 AND C.O. NO.28/LKW/2011 IN THE QUANTUM, WE FIND THAT THE ADDITION, FOR WHICH PENALTY W AS LEVIED, HAS BEEN SET ASIDE BY THE TRIBUNAL AND THE MATTER IS RESTORED TO THE ASSESSING OFFICER FOR RECONSIDERATION OF THE ISSUE. IN THE ABSENCE OF ADDITION, PENALTY LEVIED UNDER SECTION 271(1)(C) OF THE ACT IS NOT SUSTAINABLE IN THE EYES OF LAW. WE, T HEREFORE, SET ASIDE THE ORDER OF THE LD. CIT(A) AND RESTORE THE MATTER TO THE FILE OF THE ASSESSING OFFICER WITH A DIRECTION TO PASS A FRESH PENALTY ORDER IF ADDITION IN QUANTUM IS SUSTAINED, AS PER LAW. 5 . IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS ALLOW ED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 28 / 0 9 / 201 8 . SD/ - SD/ - [ T.S. KAPOOR ] [PARTHA SARATHI CHAUDHURY ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 28 TH SEPTEMBER , 201 8 JJ: 2409 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT(A ) 4 . CIT 5 . DR