APEX CONSTRUCTIONS,,KHEDA vs. THE DCIT, KHEDA CIRCLE,, NADIAD

The instant appeal filed by assessee is directed against the order dated 18.10.2017 passed by the CIT(A)-2, Vadodara arising out of the order dated 12.09.2016 passed by the DCIT, Kheda Circle, Nadiad under Section271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) for Financial Year 2012-13

The brief facts leading to the case is this that the assessee engaged in the business of construction of road and a registered Government approved contractor filed its return of income on 29.09.2012 declaring total income at Rs. 26,64,550/- for A.Y. 2012-13 which was finalised by the Ld. AO upon making addition of Rs. 10,75,000/- under Section 143(3) of the Act on 26.02.2015 on account of unexplained cash credit under Section 68 of the Act which in turn confirmed by the Ld. CIT(A) in first appeal on 18.04.2016. However, the same was deleted by the Co-ordinate Bench on 29.11.2018 in ITA No. 1496/Ahd/2016.

None is appearing on behalf of the assessee but a written note of submission was duly filed by the assessee for proper adjudication of the matter. We find since the quantum of addition of Rs. 10,75,000/- has been deleted by the Co-ordinate Bench in appeal as it appears at Page 14 to 16 of the compilation filed by the assessee before us we find no basis for levy of penalty against the assessee by the Ld. AO. Since the addition has been deleted the very foundation of the penalty order has lost its force; the same become infructuous. Hence, the appeal is found to be devoid of any merit and dismissed as infructuous.

In the result, the appeal of the assessee is dismissed.