K.MOHAN REDDY,RR DIST vs. INCOME TAX OFFICER, WARD-8(2), HYDERABAD

PDF · subscribers
ITA 2251/HYD/2017Status: DisposedITAT Hyderabad05 November 2020AY 2008-092 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 agreed that since the quantum appeal was set aside, the penalty order should also be set aside. The Assessing Officer was directed to reconsider the penalty after completing the assessment proceedings.

What were the facts?

The assessee appealed against a penalty order under Section 271(1)(c) of the Income Tax Act. The quantum appeal for the same assessment year had been set aside to the Assessing Officer for fresh consideration.

What were the issues?

Whether a penalty order under Section 271(1)(c) can be sustained when the underlying quantum appeal has been set aside for de novo consideration.

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, Hyderabad ‘ A ‘ Bench, Hyderabad

Before: Smt. P. Madhavi Devi & Shri A. Mohan Alankamony

Hearing: 05/11/2020Pronounced: 05/11/2020

This is assessee’s appeal for the A.Y 2008-09 against the order of the CIT (A)-2, Hyderabad, dated 4th October, 2017 confirming the penalty levied by the AO u/s 271(1)(c) of the Act.

2.

At the time of hearing through Video Conferencing, the learned Counsel for the assessee has brought to our notice that the quantum appeal for the A.Y 2008-09 has been set aside to the file of the AO for denovo consideration in accordance with the law. He therefore, submitted that the penalty order has also to be set aside.

3.

The learned DR was also heard and he had no objection to the same. Therefore, the assessee’s appeal against the penalty levied by the AO u/s 271(1)(c) is set aside to the file of the AO with a direction to reconsider the issue of penalty u/s 271(1)(c) of the Act after completing the assessment proceedings.

4.

In the result, assessee’s appeal is treated as allowed for statistical purposes.

Order pronounced in the Open Court on 5th November, 2020.

More judgments on Section 271(1)(c)

All 25,141 judgments and leading authorities on Section 271(1)(c) →

Recent GST High Court judgments

Search GST case law →