Dy. C.I.T., Circle - 2(1), Farrukhabad V. M/s Jahanganj Cold Storage, Farrukhabad

ITA 93/AGR/2011

• Counselvise Citation: 9320314 RSA 2011
• Duration Of Justice: 11 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-03-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 13-03-2012
• Assessment Year: 2003-2004
• Appeal Filed On: 06-04-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA BEFORE : SHRI BHAVNESH SAINI, JUDICIAL MEMBER & SHRI A. L. GEHLOT, ACCOUNTANT MEMBER ITA NO. 93/AGRA/2011 ASST. YEAR : 2003-04 DY. C.I.T., CIRCLE 2(1), VS. M/S. JAHANGANJ COLD STORAGE, FARRUKHABAD. C/O MS. RATAN COLD STORAGE, CHATIAGHAT ROAD, FARRUKHABAD. (PAN : AAAFJ 8658 F) (APPELLANT) (RESPONDENT) FOR APPELLANT : SHRI WASEEM ARSHAD, SR. DR FOR RESPONDENT : NONE DATE OF HEARING : 13.03.2012 DATE OF PRONOUNCEMENT : 16.03.2012 ORDER PER BHAVNESH SAINI, J.M. : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF LD. CIT(A), GHAZIABAD DATED 12.01.2011 FOR THE ASSESSMENT YEAR 2003-04, CANCELING THE PENALTY U/S. 271(1)(C) OF THE IT ACT. 2. THE LD. CIT(A) NOTED IN THE IMPUGNED ORDER THAT SINCE THE ADDITIONS HAVE BEEN DELETED, ON WHICH THE PENALTY WAS LEVIED, THE APPEA L OF THE ASSESSEE SHALL HAVE TO BE ALLOWED AND, ACCORDINGLY, PENALTY WAS CANCELLED. 3. THE LD. DR COULD NOT CONTRIBUTE ANYTHING ON THE ISSUE AND SUBMITTED THAT SINCE THE ADDITIONS ON MERITS HAVE BEEN DELETED BY THE TR IBUNAL, THEREFORE, PENALTY SHALL HAVE TO BE CANCELLED. ITA NO. 93/AGRA/2011 2 4. ON CONSIDERATION OF THE FACTS OF THE CASE IN THE LIGHT OF THE SUBMISSION OF THE LD. DR, WE ARE OF THE VIEW THAT THE APPEAL OF THE REVEN UE IS NOT MAINTAINABLE AND IS LIABLE TO BE DISMISSED. THE LD. CIT(A) SPECIFICALLY NOTED THE FACTS OF THE CASE IN THE IMPUGNED ORDER AND THAT ALL THE ADDITIONS HAVE BEEN DELETED BY THE TRIBUNAL, ON WHICH PENALTY HAS BEEN IMPOSED. ONCE THE QUANTUM ADDITIONS HAVE BEEN DELETED, PENALTY U/S. 271(1)(C) OF THE ACT WOULD NOT BE IMPOSED AGAINST THE ASSESSEE O N THE SAME ADDITIONS. THE LD. CIT(A), THEREFORE, RIGHTLY CANCELLED THE PENALTY IN THE MATTER. NOTHING SURVIVES IN FAVOUR OF THE REVENUE. THE APPEAL OF THE REVENUE HA S NO MERIT AND THE SAME IS, ACCORDINGLY DISMISSED, BEING NOT MAINTAINABLE. 5. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (A.L. GEHLOT) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER *AKS/- 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 ASSISTANT REGISTRAR TRUE COPY