SHRI KAILASH CHAND PARIHAR,JAIPUR vs. INCOME TAX OFFICER, BEAWAR

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ITA 1469/JPR/2018Status: DisposedITAT Jaipur22 November 2019AY 2014-153 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 noted that the quantum addition, on which the penalty was based, had been deleted by the Tribunal in a prior order. Therefore, the penalty had no basis to stand.

What were the facts?

The assessee filed an appeal against the penalty imposed under Section 271(1)(c) for the Assessment Year 2014-15. The penalty was levied based on an addition made by the Assessing Officer and confirmed by the CIT(A).

What were the issues?

Whether penalty under Section 271(1)(c) can be sustained when the underlying addition has been 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, JAIPUR BENCHES (SMC

Before: SHRI RAMESH C SHARMAvk;dj vihy la-@ITA No. 1469/JP/2018

For Appellant: Shri Hemang Gargieya (Adv) jktLo dh vksj ls@
Hearing: 21/11/2019Pronounced: 22/11/2019

ORDER PER: R.C. SHARMA, A.M. This is an appeal filed by the assessee against the order of ld.CIT(A), Ajmer dated 29/10/2018 for the A.Y. 2014-15 in the matter of imposition of penalty U/s 271(1)(c) of the Income Tax Act, 1961 (in short, the Act).

2.

The ld AR of the assessee placed on record the quantum order of this Tribunal wherein the addition with respect to which penalty has been imposed have been deleted by the Tribunal vide its order dated 25/09/2019 passed in ITA NO. 804/JP/2017.

1.

2 ITA 1469/JP/2018 Shri Kailash Chand Parihar Vs ITO 4. I had carefully gone through the orders of the authorities below and found from the record that the penalty has been imposed with respect to the quantum addition made by the A.O. and confirmed by the ld. CIT(A). Against the order of the ld. CIT(A), the assessee approached to the Tribunal and the Tribunal vide its order dated 25/09/2019 has deleted the addition after dealing with the issue at para 6 page 4 to 6 of his appellate order dated 25/09/2019. The ld DR has fairly agreed that the quantum addition has been deleted by the Tribunal. Since the quantum addition has been deleted by this Tribunal, hence, the penalty imposed has no legs to stand, accordingly, I direct the A.O. to delete the penalty in terms of quantum relief given by the Tribunal.

5.

In the result, appeal of the assessee is allowed.

Order pronounced in the open court on 22nd November, 2019

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