ACIT-4(1), Indore V. M/s Pumarth Infrastructure Pvt. Ltd. , Indore

ITSSA 15/Ind/2020

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 4755 (ITAT-INDORE)
• Duration Of Justice: 2 year(s) 2 month(s) 15 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 17-04-2022
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2013-2014
• Appeal Filed On: 02-02-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 271(1)(c)

Judgement Text

आयकर अपील य अ धकरण, इंदौर यायपीठ, इंदौर IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER VIRTUAL HEARING ITA No.14/Ind/2020 Assessment Year: 2013-14 ACIT 4 (1), Indore बनाम/ Vs. Shri Sumati Kumar Kasliwal, Indore (Appellant) (Respondent ) P.A. No.AABPK9520G ITA No.15/Ind/2020 Assessment Year: 2013-14 ACIT 4 (1), Indore बनाम/ Vs. M/s Pumarth Infrastructure Pvt.Ltd., Indore (Appellant) (Respondent ) P.A. No.AACCM0901H ITA No.16/Ind/2020 Assessment Year: 2013-14 ACIT 4 (1), Indore बनाम/ Vs. Smt. Sharda Kasliwal, Indore (Appellant) (Respondent ) P.A. No.AGPPK8587R ITA Nos.14, 15, 16 & 17/Ind/2020 Assessment Year: 2013-14 Shri Sumati Kumar Kasliwal, Indor & otr. 2 ITA No.17/Ind/2020 Assessment Year: 2013-14 ACIT 4 (1), Indore बनाम/ Vs. Shri Manoj Kasliwal, Indore (Appellant) (Respondent ) P.A. No.AGPPK8145F Revenue by Shri P.K. Mitra, CIT-DR Assessee by Shri Sumit Nema, Sr. Advocate Date of Hearing: 19.01.2022 Date of Pronouncement: 18.04.2022 आदेश / O R D E R PER MANISH BORAD, A.M: The above captioned appeals filed at the instance of the Revenue in the cases of different assessee for Assessment Year 2013-14 are directed against the different orders of Ld. Commissioner of Income Tax(Appeals) (in short ‘Ld.CIT(A)]-II, Indore dated 05.112019, 18.11.2019, 05.11.2019 and 05.11.2019 resp. which are arising out of the order u/s 271(1)(c) of the Income Tax Act 1961 (In short the ‘Act’) dated 28.03.2019, 30.3.2019, 28.03.2019 & 30.03.2019 resp. framed by DCIT 4(1), Indore. ITA Nos.14, 15, 16 & 17/Ind/2020 Assessment Year: 2013-14 Shri Sumati Kumar Kasliwal, Indor & otr. 3 2. From perusal of the ground raised by the Revenue in the instant appeals, common issue raised is challenging the finding of the ld. CIT(A) deleting the penalty u/s 271(1)(c) of the Act by the Assessing Officer (in short ld. “AO”). 3. At the outset, ld. Counsel for the assessee submitted that the quantum appeals filed in the instant cases has already been disposed off by the Hon’ble Tribunal vide a consolidated order dated 30.04.2019 wherein substantial relief has been given by the Hon’ble Tribunal. 4. Per contra, ld. D/R supported the order of the ld. AO. 5. We have heard rival contentions and perused the records placed before us. The instant appeals relates to levy of penalty u/s 271(1)(c) of the Act which have been deleted by the ld. CIT(A). 6. Penalty u/s 271(1)(c) of the Act is levied on the additions made in the hands of the assessee for concealing particulars of income or furnishing inaccurate particulars of income. Therefore, the basis of penalty is on the additions made in the hands of the assessee. We find that in the case of the assessee(s) in the instant appeal quantum issues have been adjudicated and decided by this Tribunal dated 30.04.2019 wherein substantial relief has ITA Nos.14, 15, 16 & 17/Ind/2020 Assessment Year: 2013-14 Shri Sumati Kumar Kasliwal, Indor & otr. 4 been given in case of some of the assessees and in some case total additions have been deleted. We, therefore, are of the considered vies that all the instant appeals deserve to be restored to the file of the ld. AO who shall compute the penalty (if any) in light of the decision of this Tribunal dated 30.04.2019 and shall decide accordingly. Needless to mention that proper opportunity of being heard should be provided to the assessee. Thus all the instant appeals are restored to the file of the ld. AO. 7. In the result, all the appeals filed by the Revenue are allowed for statistical purposes. The order pronounced as per Rule 34 of ITAT Rules, 1963 on 18.04.2022. Sd/- Sd/- (MAHAVIR PRASAD) (MANISH BORAD) JUDICIAL MEMBER ACCOUNTANT MEMBER दनांक /Dated : 18.04.2022 Patel/PS ITA Nos.14, 15, 16 & 17/Ind/2020 Assessment Year: 2013-14 Shri Sumati Kumar Kasliwal, Indor & otr. 5 Copy to: The Appellant/Respondent/CIT concerned/CIT(A) concerned/ DR, ITAT, Indore/Guard file. By Order, Asstt.Registrar, I.T.A.T., Indore