THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1(2),, VADODARA vs. SHRI JAGDISH P. PATEL,, VADODARA

At the outset the Ld. Counsel has brought to our notice that Coordinate Bench of ITAT has set aside the order of the Ld. CIT(A) made u/s. 263 of the Act and restore the order of AO made u/s. 143(3) of the Act. It is also brought to our notice that the Coordinate Bench of the ITAT vide ITA No. 18/Ahd/2014 dated 01.05.2017 has also deleted the quantum petition made by the AO vide assessment order u/s. 143(3) r.w.s. 263 of the Act on 18.02.2015.

With assistance of the Ld. Representatives we have gone through the above cited orders of the Coordinate Bench of ITAT and notice that the quantum addition on the basis of which the impugned penalty was levied had been deleted by the aforesaid order of the ITAT. Ld. DR was fair enough to could not dispute the aforesaid material facts.

In the light of the aforesaid facts and circumstances we are of the view that once the quantum additions were deleted on the basis of which the impugned penalty was levied, the penalty levied has become infructuous. Therefore, this appeal of the Revenue is not maintainable and the same stand dismissed.

In the result, appeal of the Revenue is dismissed.