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Income Tax Appellate Tribunal, “A” BENCH, AHMEDABAD
Before: SHRI KUL BHARAT & SHRI WASEEM AHMED
PER SHRI KUL BHARAT, JUDICIAL MEMBER :
This appeal by the Assessee pertaining to the Assessment Year (AY) 2012-13 is directed against the order of the Ld. Commissioner of Income Tax(Appeals) - 8, Ahmedabad (‘CIT(A)’ for short) dated 23.01.2018. The assessee has raised the following grounds of appeal:-
1. The learned CIT (A) has erred in law and on facts by passing an order u/s. 271(1)(c) of the Act and imposing penalty of tax evaded on income enhanced.
The learned CIT(A) has erred in law and on facts by imposing penalty on the travelling expenses disallowed during appellate proceedings to the extent of - 2 - Vimal Ramniklal Ambani vs. CIT(A) Asst.Year – 2012-13 Rs.2,20,870/-. He has also erred in law by ignoring the principles laid down by the Apex Court in case of Reliance Petroproducts - 322 ITR 158 SC that that mere rejection of legal claim would not amount to furnishing of inaccurate particulars of income and no penalty u/s 271(1)(c) can be imposed.
The appellant craves leave to add, amend, alter, edit, delete, modify or change all or any of the grounds of appeal at the time of or before the hearing of appeal.”
2. Briefly stated facts are that Learned CIT(A) while deciding the appeal in quantum proceeding, the addition made by the Assessing Officer was enhanced accordingly the Learned CIT(A) initiated penalty proceedings and imposed penalty on the enhanced addition of income. Aggrieved against the penalty order, the assessee is in appeal before this Tribunal.
3. At the outset, the Learned Counsel for the assessee submitted that the enhancement made by the Learned CIT(A) has been deleted by this Tribunal in ITA Nos. 2499-2500/Ahd/2017. The Learned Counsel for the assessee has taken us through the order of the Tribunal in assessee’s own case in ITA No. 2499/Ahd/2017. It is the fact that the addition was enhanced, was made in the quantum proceeding before the Learned CIT(A) in respect of computation of disallowance under Rule 8D of the Income Tax Rules, 1962 (hereinafter referred as to ‘the Rule’) by invoking provisions of section 14A of the Act.
We have heard the rival submissions, perused the materials available on records and gone through the orders of the authorities below. During the course of hearing the Learned DR fairly conceded that the addition on which the impugned penalty is levied has been deleted. Since, the addition has been deleted by the Tribunal. The penalty on the - 3 - Vimal Ramniklal Ambani vs. CIT(A) Asst.Year – 2012-13 same is not survived. We, therefore, direct the Learned Assessing Officer to delete the penalty. Ground raised in this appeal by the assessee is allowed.