Dr. Sharad Shivshankar Vyas, Gandhinagar V. The Dy.CIT.,Circle-15, Gandhinagar

ITA 946/AHD/2010

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 62978 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 6 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-10-2012
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 18-09-2012
• Assessment Year: 2001-2002
• Appeal Filed On: 30-03-2010
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAHUL KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD A BENCH BEFORE: SHRI A.K. GARODIA, ACCOUNTANT MEMBER AND SHRI KUL BHARAT, JUDICIAL MEMBER I.T.A. NO.946/AHD/2010 A. Y. 2001-02 DR. SHARAD S. VYAS PLOT NO.185, NR. CH-6 CROSS ROADS, SECTION 29 GANDHINAGAR APPELLANT V. THE INCOME TAX OFFICER, WARD-4 GANDHINAGAR RESPONDENT DEPARTMENT BY : SHRI RAHUL KUMAR, SR. D.R. ASSESSEE BY : SHRI TEJ SHAH, A.R. DATE OF HEARING : 18.09.2012 DATE OF PRONOUNCEMENT 05.10.2012 / ORDER PER : A.K. GARODIA, ACCOUNTANT MEMBER THIS IS AN ASSESSEES APPEAL DIRECTED AGAINST THE O RDER OF LD. CIT(A), GANDHINAGAR DATED 05.02.2010 FOR ASSESSMENT YEAR 20 01-02. 2. THE ONLY GRIEVANCE OF THE ASSESSEE IS REGARDING PENALTY IMPOSED BY THE A.O. OF RS.5,50,485/- U/S 271(1)(C) OF THE I.T. ACT WHICH WAS CONFIRMED BY LD. CIT(A). 3. IT WAS SUBMITTED BY LD. A.R. OF THE ASSESSEE THA T IN QUANTUM PROCEEDINGS, THE ADDITION OF RS.15.15 LACS WAS DELETED BY THE TR IBUNAL IN ITA NO.1051/AHD/2009 DATED 13.07.2012. HE SUBMITTED A COPY OF THE TRIBUNALS I.T.A. NO.946/AHD/2010 A. Y. 2001-02 2 DECISION. HE FURTHER SUBMITTED THAT SINCE THE ADDI TION ITSELF IS DELETED BY THE TRIBUNAL, THE PENALTY CANNOT SURVIVE. LD. D.R. SUP PORTED THE ORDER OF THE A.O. 4. WE HAVE CONSIDERED THE RIVAL SUBMISSIONS. WE FI ND THAT PENALTY IN THE PRESENT CASE HAS BEEN IMPOSED OF THE A.O. OF RS.5,5 0,485/- U/S 271(1)(C) OF THE I.T. ACT IN RESPECT OF ADDITION OF RS.15.15 LACS. THIS VERY ADDITION WAS DELETED BY THE TRIBUNAL IN QUANTUM PROCEEDINGS AND HENCE, PENA LTY CANNOT SURVIVE. THEREFORE, WE DELETE THE PENALTY. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED . ORDER PRONOUNCED IN OPEN COURT ON .10.2012 SD/- SD/- (KUL BHARAT) (A.K. GARODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER TRUE COPY N.K. CHAUDHARY, SR. P.S. / COPY OF ORDER FORWARDED TO:- 1. / APPELLANT 2. / RESPONDENT 3. / CONCERNED CIT 4. - / CIT (A) 5. , ! , '# / DR, ITAT, AHMEDABAD 6. $% &' / GUARD FILE. BY ORDER/ , ( / ' ) ! , '# *