Appeal details
Counselvise Citation
[2024] 100 COUNSELVISE.COM (IT) 1676 (ITAT-PUNE)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 month(s) 25 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
11-06-2024
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
B
Assessment Year
2010-2011
Appeal Filed On
17-04-2024
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND SHRI VINAY BHAMORE, JUDICIAL MEMBER ITA No.811/PUN/2024 Assessment Year : 2010-11 M/s. Sarovar Enterprises Plot No.114, Sai Pooja, MCCH Society, Panvel – 410206 Vs. ITO, Ward-2, Panvel PAN : AAWFS9785N (Appellant) (Respondent) Assessee by : Shri Hari Krishan Department by : Shri Sourabh Nayak, Addl.CIT Date of hearing : 12-06-2024 Date of pronouncement : 12-06-2024 O R D E R PER R. K. PANDA, VP : This appeal filed by the assessee is directed against the order dated 02.05.2023 of the CIT(A) / NFAC, Delhi relating to assessment year 2010-11. 2. Although a number of grounds have been raised by the assessee, however, these all relate to the order of CIT(A) / NFAC confirming the penalty of Rs.2,33,750/- levied by the Assessing Officer u/s 271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’). 2 ITA No.811/PUN/2024 3. There is a delay of 293 days in filing of this appeal before the Tribunal, for which the assessee has filed a condonation application along with an affidavit explaining the reasons for such delay. After considering the contents of the condonation application filed along with the affidavit and after hearing both the sides, the delay in filing of the appeal by the assessee is condoned and the appeal is admitted for adjudication. 4. The Ld. Counsel for the assessee at the outset submitted that the Tribunal vide ITA No.2509/PUN/2016 order dated 21.03.2018 has deleted the addition made by the Assessing Officer which is the basis for levy of penalty and therefore, the penalty does not survive. The Ld. Counsel for the assessee accordingly submitted that the penalty levied by the Assessing Officer and confirmed by the CIT(A) / NFAC should be deleted. 5. The Ld. DR fairly conceded that since the Tribunal has already deleted the addition, therefore, penalty does not survive. 6. After hearing both the sides, we find the various additions made by the Assessing Officer which are the basis for levy of penalty u/s 271(1)(c) of the Act stands deleted by the Tribunal vide ITA No.2509/PUN/2016 order dated 21.03.2018 for assessment year 2010-11. Since the additions have already been deleted by the Tribunal, therefore, the penalty does not survive. We, therefore, set 3 ITA No.811/PUN/2024 aside the order of CIT(A) / NFAC and direct the Assessing Officer to cancel the penalty. The grounds raised by the assessee are accordingly allowed. 7. In the result, the appeal filed by the assessee is allowed. Order pronounced in the open Court on 12 th June, 2024. Sd/- Sd/- (VINAY BHAMORE) (R. K. PANDA) JUDICIAL MEMBER VICE PRESIDENT प ु णे Pune; दिन ांक Dated : 12 th June, 2024 GCVSR आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to: 1. अपीलार्थी / The Appellant; 2. प्रत्यर्थी / The Respondent 3. 4. The concerned Pr.CIT, Pune DR, ITAT, ‘B’ Bench, Pune 5. गार्ड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अधिकरण ,पुणे / ITAT, Pune 4 ITA No.811/PUN/2024 S.No. Details Date Initials Designation 1 Draft dictated on 12.06.2024 Sr. PS/PS 2 Draft placed before author 12.06.2024 Sr. PS/PS 3 Draft proposed & placed before the Second Member JM/AM 4 Draft discussed/approved by Second Member AM/AM 5 Approved Draft comes to the Sr. PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr. PS/PS 7 Date of uploading of Order Sr. PS/PS 8 File sent to Bench Clerk Sr. PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R. 11 Date of Dispatch of order
