DCIT, Mohali V. Sh. Ravinder Singh Negi, Mohali

ITA 730/CHANDI/2017

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 5062 (ITAT-CHANDIGARH)
• Duration Of Justice: 2 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-07-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2009-2010
• Appeal Filed On: 27-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: C CHANDERKANTA

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCHES, CHANDIGARH BEFORE SHRI SANJAY GARG, JUDICIAL MEMBER & MS. ANNAPURNA GUPTA, ACCOUNTANT MEMBER ITA NOS. 730 & 731/CHD/2017 ASSESSMENT YEARS: 2009-10 & 2010-11 THE DCIT, CIRCLE 6(1), VS. SH. RAVINDER SINGH NAGI , MOHALI MOHALI PAN NO. AAGPN3602B (APPELLANT) (RESPONDENT) APPELLANT BY : SMT. C. CHANDERKANTA RESPONDENT BY : SHRI T.N. SINGLA DATE OF HEARING : 05.07.2017 DATE OF PRONOUNCEMENT : 14.07.2017 ORDER PER SANJAY GARG, JUDICIAL MEMBER: THESE TWO APPEALS HAVE BEEN PREFERRED BY THE REVENU E AGAINST THE SEPARATE ORDERS OF COMMISSIONER OF INCOME TAX ( APPEALS)-2, CHANDIGARH [HEREINAFTER REFERRED TO AS CIT(A)] BOTH DATED 17.2.2017 RELATING TO ASSESSMENT YEARS 2009-10 & 2010-11. 2. AT THE OUTSET, LD. AR FOR THE ASSESSEE HAS INVIT ED OUR ATTENTION TO THE IMPUGNED ORDER OF THE LD. CIT(A). THE LD. CIT(A) H AS DISCUSSED THE ISSUE IN PARA 5.3 OR THE ORDER WHEREIN IT HAS BEEN OBSER VED THAT THE ADDITION OF RS. 3,13,00,000/- MADE BY THE ASSESSING OFFICER ON ACCOUNT OF UNEXPLAINED 2 CASH DEPOSITS FOUND IN THE BANK ACCOUNT OF THE ASSE SSEE HAS BEEN DELETED BY THIS TRIBUNAL VIDE ORDER DATED 8.11.2016 PASSED IN ITA NOS. 811 AND 812/CHD/2014. THE LD. CIT(A) THEREAFTER OBSERVED TH AT SINCE THE QUANTUM ADDITIONS HAVE ALREADY STOOD DELETED BY THE ITAT, T HE CONSEQUENTIAL PENALTY ON THIS ACCOUT HAD BECOME INFRUCTUOUS AND HE, THEREFORE, HELD THAT THE CONSEQUENTIAL PENALTY WAS LIABLE TO BE DELETED . 3. THE LD. DR HAS FAIRLY ADMITTED THAT THE QUANTUM ADDITIONS, ON THE BASIS OF WHICH THE IMPUGNED PENALTY IS LEVIED, ALRE ADY STOOD DELETED BY THE TRIBUNAL. 4. WE FIND THAT SINCE THE VERY BASIS ON WHICH THE P ENALTY WAS LEVIED HAS CEASED TO EXIST, THE CONSEQUENTIAL PENALTY LEVIED B Y THE ASSESSING OFFICER HAVE NO LEGS TO STAND AND, THEREFORE, LD. CIT(A) HA S RIGHTLY DELETED THE SAME. WE THEREFORE, DO NOT FIND ANY MERIT IN THE AP PEAL OF THE REVENUE AND THE SAME ARE ACCORDINGLY DISMISSED. 5. SINCE THE FACTS AND ISSUE INVOLVED IN BOTH THE A PPEALS ARE IDENTICAL, HENCE, THE APPEAL OF THE REVENUE IN ITA NO. 731/CHD /2017 ALSO STANDS DISMISSED. 6. IN THE RESULT, THE APPEALS OF THE REVENUE ARE HE REBY DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 14.07.2017 SD/- SD/- ( ANNAPURNA GUPTA) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 14 TH JULY, 2017 RKK 3 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR