AMIT KUMAR SINHA,PALAMAU vs. DCIT,CIRCLE-3, RANCHI

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ITA 150/RAN/2019Status: DisposedITAT Ranchi14 July 2020AY 2014-152 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the penalty proceedings must follow the outcome of the quantum appeal. The Assessing Officer is to take a decision after adjudicating the quantum issue afresh.

What were the facts?

The assessee's appeal for assessment year 2014-15 concerns penalty proceedings under section 271(1)(c) of the Income Tax Act. The quantum appeal for the same assessee was previously restored to the Assessing Officer for fresh adjudication.

What were the issues?

Whether penalty proceedings under section 271(1)(c) can be decided independently when the underlying quantum addition is subject to fresh adjudication. The consequential effect of the quantum appeal's outcome on the penalty.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 56(2)(vii)(b),Section 50C(2)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, RANCHI ‘E-COURT’AT KOLKATA

Before: Shri S.S, Godara, JM & Dr. A.L. Saini, AM

आदेश /O R D E R Per S. S. Godara: This assessee’s appeal for assessment year 2014-15 arises against the Commissioner of Income-tax (Appeals), Ranchi’s order dated 18.12.2018 passed in case No.10062/RANCHI/2017-18 involving proceedings u/s 271(1)(c) of the Income Tax Act, 1961; (in short ‘the Act’). Heard both the parties. Case file persued. 2. It transpires at the outset that this tribunal’s coordinate bench has restored assessee’s quantum appeal back to the Assessing Officer for afresh adjudication of section 56(2)(vii)(b) addition issue as per law after making necessary reference to the DVO u/s 50C(2) of the Act. We therefore are of the view that the instant lis must also follow the suit since involving consequential penalty

Amit Kumar Sinha Assessment Year:2014-15 Page 2 proceedings. We order accordingly. The Assessing Officer shall take the necessary call after his quantum adjudication in accordance with law. 3. This assessee’s appeal is allowed for statistical purposes in above terms. Order pronounced in open court on 14/07/2020.

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