CHANDRESHBHAI ANANDBHAI DEVANI,ANKLESHWAR vs. THE ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE-2, BHARUCH

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ITA 565/SRT/2018Status: DisposedITAT Surat14 February 2020AY 2005-062 pages
AI SummaryAllowed

What did the Tribunal hold?

Since the quantum addition was deleted in the main appeal, the penalty levied under Section 271(1)(c) which arose from that addition, does not survive. Therefore, the grounds raised by the assessees are allowed.

What were the facts?

The appeals were filed by two assessees against the orders of the CIT(A) for assessment years 2004-05 and 2005-06. The ITAT had previously quashed the assessment order and deleted the quantum addition.

What were the issues?

The primary issue was whether the penalty under Section 271(1)(c) could be sustained when the underlying addition was deleted by the Tribunal.

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, SURAT BENCH, SURAT

Before: SHRI SANDEEP GOSAIN, Honble & SHRI O.P.MEENA, Honble

Hearing: 12.02.2020

आयकरअपील�यअ�धकरण,सुरत�यायपीठ,सुरत IN THE INCOME TAX APPELLATE TRIBUNAL SURAT BENCH, SURAT BEFORE SHRI SANDEEP GOSAIN, Hon'ble JUDICIAL MEMBER AND SHRI O.P.MEENA, Hon'ble ACCOUNTANT MEMBER आ.अ.सं./I.T.A No’s. 564 & 565/SRT/2018 �नधा�रण वष�/Assessment Years: 2004-05 and 2005-06 Shri Chandreshbhai Anandbhai V The Assistant Devani, s Commissioner of C/o.Suyog Dye Chemic Private . Income Tax, Circle-2, Bharuch. Limited, Plot No.6716-17, GIDC, Ankleshwar – 393 002. [PAN: ACHPD 6113 E] अपीलाथ� / Appellant ��यथ�/Respondent आ.अ.सं./I.T.A No’s. 566 & 567/SRT/2018 �नधा�रण वष�/Assessment Years: 2004-05 and 2005-06 Shri Chaturbhai Nanubhai Dudhat, V The Assistant C/o.Sahyog Chemical Private Limited, s Commissioner of . Plot No.C 1B/7004, GIDC, Income Tax, Ward-2(1), Ankleshwar – 393 002. Bharuch. [PAN: ACHPD 6114 D] अपीलाथ� / Appellant ��यथ�/Respondent �नधा�रतीक�ओरसे /Assessee by Shri Surendra Modiani – CA राज�वक�ओरसे /Revenue by Mrs. Anupam Singla – Sr.DR सुनवाईकीतारीख/ Date of hearing: 12.02.2020 उ�घोषणाक�तार�ख/Pronouncement on: 14.02.2020 आदेश /O R D E R PER SANDEEP GOSAIN, JM: 1. These four appeals by the two Assessee’s are directed against the separate orders of Ld.Commissioner of Income Tax(Appeals)-3, Chandreshbhai Anandbhai Devani & Chaturbhai Nanubhai Dudhat/ITA No’s.564 to 567/SRT/2018 /A.Y.2004-05 & 05-06 Page 2 of 2 Vadodara common dated 05.06.2018 for the assessment year 2004- 05 and 2005-06 respectively.

2.

We have heard both the Counsels and perused the material placed on record and order passed by the Hon'ble ITAT Surat Bench order dated 16.11.2018 wherein the quantum addition has already been deleted by the Hon'ble ITAT and the assessment order under consideration has already been quashed by Hon'ble ITAT. Since the quantum was deleted in the main appeal, thus, the penalty u/s.271(1)(c) which emanate from the said order does not survive, hence, grounds raised by the assessee are allowed.

3.

In the result, four appeals filed by the two assessee’s are allowed in terms indicated above.

4.

Order pronounced in the open court on 14-02-2020.

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