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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