THE DY. COMMISSIONER OF INCOME TAX (EXEMPTIONS), CIRCLE-2, AHMEDABAD vs. VADODARA URBAN DEVELOPMENT AUTHORITY, VADODARA

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ITA 2345/AHD/2016Status: DisposedITAT Ahmedabad01 April 2019AY 2012-132 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the CIT(A)'s decision to delete the penalty. Since the quantum addition, which formed the basis of the penalty, was already deleted, the penalty could not stand.

What were the facts?

The Assessing Officer appealed against the CIT(A)'s order deleting a penalty imposed under section 271(1)(c). A co-ordinate bench of the Tribunal had previously deleted the related quantum addition.

What were the issues?

Whether a penalty under Section 271(1)(c) can be sustained when the underlying quantum addition has been deleted.

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, AHMEDABAD “A” BENCH, AHMEDABAD

Per Pramod Kumar, Vice President:

1.

By way of this appeal, the appellant Assessing Officer has challenged correctness of the order dated 15th July 2016, passed by the ld. CIT(A), deleting the penalty of Rs.20,25,900./- imposed on the assessee under section 271(1)(c) of the Income Tax Act, 1961, for the assessment year 2010-11.

Vide order dated 28th January 2019, a co-ordinate bench of this Tribunal has deleted 2. the related quantum addition. Once the related quantum addition itself stands deleted, the very foundation of impugned penalty ceases to hold good in law. For this short reason alone, we uphold the conclusion arrived at by the learned CT(A) and decline to interfere in the matter.

In the result, the appeal is dismissed. Pronounced in the open Court on this 1st day 3. of April, 2019.

Sd/- Sd/- Ms. Madhumita Roy Pramod Kumar (Judicial Member) (Vice President) Ahmedabad, the 1st day of April, 2019

ITA No.2345/Ahd/2016 Assessment Year: 2010-11 Page 2 of 2

PBN/*

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

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