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Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD
Before: Shri Pramod Kumar]
By way of this appeal, the assessee appellant has challenged learned CIT(A)’s order dated 27th February 2015, upholding penalty of Rs.3,03,171/- imposed upon the appellant under section 271(1)(c) of the Income-tax Act, 1961, for the assessment year 2008-09.
When the appeal was called out for hearing, learned representatives fairly accepted that the issue in appeal is covered, in favour of the assessee, by several decisions of this Tribunal, including in the cases of Srikishan Agarwal vs. DCIT [(2016) 48 ITR (T) 548 (Jaipur)] and ITO vs. VP Sharma [(2016) 154 Taxman 34 (Del) Mag], inasmuch as penalty under section 271(1)(c) cannot be imposed on the legal heir. Learned Departmental Representative nevertheless relied upon the stand of the authorities below.
I have heard the rival contentions, perused the material on record and duly considered applicable legal position in the light of facts on record.
I find that the assessee, late Khusbuben R Manwani, had passed away on 04.09.2009, whereas the impugned penalty order was framed on the legal heir on
SMC-ITA No. 1167/Ahd/2015 Late Khushuben R Manwani Vs. ITO Assessment year: 2008-09 Page 2 of 2
09.12.2013. Clearly, therefore, the impugned penalty order is inherently bad in law, and the judicial precedents relied upon by the appellant support that position. I, therefore, delete the impugned penalty of Rs.3,03,171/-.
In the result, the appeal is allowed in the terms and for the reasons set out above. Pronounced in the open court today on the 1st April, 2019.
Sd/-
Pramod Kumar (Vice President) Ahmedabad, the 1st day of April, 2019 **bt
Copies to: (1) The appellant (2) The respondent (3) Commissioner (4) CIT(A) (5) Departmental Representative (6) Guard File By order TRUE COPY Assistant Registrar Income Tax Appellate Tribunal Ahmedabad benches, Ahmedabad
Date of dictation: ...... order prepared as per 2 pages manuscripts of Hon’ble VP..01.04.2019 2. Date on which the typed draft is placed before the Dictating Member: . 01.04.2019.......... 3. Date on which the approved draft comes to the Sr. P.S./P.S.: …01.04.2019... 4. Date on which the fair order is placed before the Dictating Member for Pronouncement:… 01.04.2019… 5. Date on which the file goes to the Bench Clerk : .. 01.04.2019.... 6. Date on which the file goes to the Head Clerk : ……………………………. 7. The date on which the file goes to the Assistant Registrar for signature on the order: …. 8. Date of Despatch of the Order: ………………......