LATE SHRI SAJID R. DHAMANI(THROUGH L/H SMT. SUCHITRA S. DHAMANI),INDORE vs. THE ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-1(1)(2), VADODARA

During the course of appellate proceedings, at the outset, the ld. counsel has brought to our notice that the quantum addition on the basis of which the impugned penalty was levied has been deleted by the Co-ordinate Bench of the ITAT in the case of Late Sri Sajid R. Dhanani vide 158, 159/Ahd/2015 order dated 30-07-2019. On the other hand, the ld. departmental representative could not controvert these facts reported by the ld. counsel that impugned quantum appeal was deleted by the Co-ordinate Bench vide above cited order.

We have heard both the sides and perused the material on record. It is noticed that assessing officer vide order dated 16th Mach, 2016 has levied penalty to the amount of Rs. 6,55,000/- on the basis of quantum additions made by the assessing officer u/s. 153A r.w.s. 143(3) of the act on 31st March, 2013. Since the quantum addition on the basis of which penalty was levied has been deleted by the Co-ordinate bench as cited above, therefore, we consider that penalty levied in the case of the assessee has become infructuous, therefore, this appeal of the assessee is allowed.

In the result, the appeal of the assessee is allowed.