ASST. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-3(1), SURYAPET vs. GORUGANTI DAMODAR RAO, HYDERABAD
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the penalty proceedings were rendered non-est because the underlying assessment order itself was quashed by the CIT(A) for want of a valid satisfaction note. Therefore, the penalty could not survive.
What were the facts?
The Revenue appealed against the deletion of a penalty imposed under Section 271(1)(c) of the Income Tax Act. This penalty stemmed from an assessment framed under Section 143(3) read with Section 153C.
What were the issues?
Whether a penalty under Section 271(1)(c) can be sustained when the assessment order on which it is based has been quashed. The validity of the satisfaction note for initiating proceedings under Section 153C.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, HYDERABAD BENCHES “B” : HYDERABAD
Before: SHRI S.S.GODARA & SHRI LAXMI PRASAD SAHU
O R D E R PER S.S.GODARA, J.M. : This Revenue’s appeal for AY.2009-10 arises from the CIT(A)-11, Hyderabad’s order dated 27-02-2017 passed in case No.091/DCIT CC-3(1)/CIT(A)-11, Hyd/15-16, in proceedings u/s.271(1)(c) of the Income Tax Act, 1961 [in short, ‘the Act’]. Heard both the parties. Case file perused.
Coming to the Revenue’s sole substantive grievance raised in the instant appeal that the CIT(A) has erred in law and on facts in deleting Section 271(1)(c) penalty of Rs.7,77,58,046/- culminating from Section 143(3) r.w.s.153C assessment framed on 31-12-2011, we notice at the outset that the same has no legs to stand as on date in view of the CIT(A)-12, Hyderabad’s order dt.29-03-2021 passed in appeal No.10151/2019-20 quashing the assessment itself for want of a valid satisfaction note from the Assessing Officer’s end. This clinching development has gone un-rebutted from the departmental side.
Faced with this situation, we hold that the impugned penalty proceedings stand rendered as non-est as a necessary corollary to the CIT(A)’s quantum order. The Revenue’s instant sole substantive ground is declined at the threshold itself for this precise reason alone. Ordered accordingly.
The Revenue’s appeal is dismissed in above terms.
Order pronounced in the open court on 23rd June, 2021
More judgments on Section 271(1)(c)
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2370/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2369/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
Recent GST High Court judgments
Search GST case law →- M/S Rentex Polymers Private Limited vs. Assistant Commissioner Of Central Goods And Services TaxDelhi · 29 Oct 2026
- M/S Maa Shila Traders vs. The State Of BiharPatna · 29 Oct 2026
- M/S Ashish Enterprises vs. Assistant Commissioner Gsto Ward No. 86Delhi · 29 Oct 2026
- M/S. Bhanwal Trading And Company vs. The Union Of INDIARajasthan · 28 Oct 2026
- M/S. Saraswati Enterprises vs. State Of RajasthanRajasthan · 28 Oct 2026