ADIL MOHSIN MAGAR,PUNE vs. ITO WARD 41(1)(1), MUMBAI (PREVIOUSLY ITO WARD 26(1)(1), MUMBAI), MUMBAI

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ITA 2859/MUM/2023Status: DisposedITAT Mumbai12 December 2023AY 2012-133 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that since the quantum assessment appeal was restored to the CIT(A) for fresh adjudication, and its decision would impact the penalty appeal, the penalty appeal should also be restored to the CIT(A).

What were the facts?

The assessee's appeal before the CIT(A) concerning a penalty under section 271(1)(c) was decided ex-parte. The assessee argued that the quantum assessment appeal was also decided ex-parte and has been restored to the CIT(A) for fresh adjudication.

What were the issues?

Whether the CIT(A) order passed ex-parte should be set aside and the matter restored for fresh adjudication, considering a related quantum appeal was also restored.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, Mumbai “SMC” Bench, Mumbai.

Before: Justice (Rtd.) C.V. Bhadang & Shri B.R. Baskaran (AM)

For Appellant: Ms. Mitali Parekh
For Respondent: Shri Sunny Kachhwala
Hearing: 11.12.2023Pronounced: 12.12.2023

The assessee has filed this appeal challenging the order dated 19.6.2023 passed by the learned CIT(A), National Faceless Appeal Centre, Delhi and it relates to A.Y. 2012-13.

2.

The Learned counsel appearing for the assessee submitted that the impugned appeal relates to the penalty levied under section 271(1)(c) of the I.T. Act and the learned CIT(A) has passed the order ex-parte, without hearing the assessee. The learned AR submitted that the appeal filed by the assessee against quantum assessment proceedings was also disposed of ex- parte by the learned CIT(A), against which the assessee had prepared an appeal before the ITAT. The said appeal numbered as has since been disposed of by the Tribunal, vide its order dated 8.11.2023 by restoring the issues urged in the quantum appeal to the 2 Adil Mohsin Magar file of the learned CIT(A). The Learned AR submitted that the decision taken by Ld CIT(A) in the quantum appeal will have bearing on impugned penalty order. Accordingly, the Ld A.R prayed that the order passed by the learned CIT(A) against the impugned penalty order may set aside and all the issues may be restored to his file for adjudicating them afresh.

3.

We heard learned DR and perused the record. Since the order passed by the learned CIT(A) in the quantum assessment proceedings has been restored to his file by the co-ordinate bench for adjudicating it afresh and since the order passed thereon by Ld CIT(A) in that appeal will have bearing on the impugned penalty order, there is merit in the prayer put forth by Ld A.R. Accordingly, we set aside the order passed by the learned CIT(A) and restore all the issues to his file for adjudicating them afresh. We also direct the assessee to fully cooperate with the learned CIT(A) for expeditious disposal of the appeal.

4.

In the result, the appeal filed by the assessee is treated as allowed.

Order pronounced on 12.12.2023.

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