KUNAL CHATURBHUJ NAGRANI,AHMEDABAD vs. THE DCIT, CIRCLE-6(1), AHMEDABAD

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ITA 1898/AHD/2018Status: DisposedITAT Ahmedabad20 February 2020AY 2011-122 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that since the main appeal was allowed, the penalty appeal has become infructuous. Therefore, the penalty appeal is dismissed.

What were the facts?

The assessee's appeal relates to an order under section 271(1)(c) of the Income Tax Act. The quantum appeal for the same assessment year was previously allowed by a co-ordinate bench.

What were the issues?

Whether a penalty appeal is rendered infructuous when the underlying quantum appeal has been allowed.

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, “C” BENCH, AHMEDABAD

Before: SHRI WASEEM AHMED&

For Respondent: Shri L. P. Jain, Sr. D.R

सुनवाई क� तार�ख / Date of 05/02/2020 Hearing घोषणा क� तार�ख /Date of 20/02/2020 Pronouncement O R D E R PER Ms. MADHUMITA ROY - JM:

At the time of hearing, Learned counsel appearing for the assessee submitted before us that this matter relates to order under s.271(1)(c) of the Act. The quantum appeal in respect of main issue has been allowed by the co- ordinate bench in for AY 2011-12 by and under order dated 29.07.2019. He therefore submits that the penalty appeal has been become infructuous and liable to be dismissed as infructuous.

Kunal C. Nagrani vs. DCIT Asst.Year –2011-12 - 2 – 2. Heard the parties and perused the materials available on record including the order passed by the co-ordinate bench in ITA No. 1068/Ahd/2016. It appears that the co-ordinate bench on 27.06.2019 has been pleased to allow the appeal preferred by the assessee. Hence, we find no merit in this penalty proceeding itself. The penalty appeal is therefore infructuous. Hence, the same is dismissed as infructuous.

3.

In the result, assessee’s appeal is disposed of.

This Order pronounced in Open Court on 20/02/2020 Sd/- Sd/- (WASEEM AHMED) (MADHUMITA ROY) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad; Dated 20/02/2020 True Copy S. K. SINHA आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant 2. ��यथ� / The Respondent. 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त(अपील) / The CIT(A)- 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड� फाईल / Guard file. आदेशानुसार/ BY ORDER,

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