CAPIQ ENGINEERING PVT.LTD.,AHMEDABAD vs. INCOME TAX OFFICER, WARD-1(1), BARODA

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ITA 3470/AHD/2016Status: DisposedITAT Ahmedabad18 February 2019AY 2011-122 pages

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

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that since the quantum addition was deleted, the foundation for the penalty ceased to exist. Therefore, the penalty was also deleted.

What were the facts?

The assessee challenged a penalty imposed under section 271(1)(c) for assessment year 2011-12. A co-ordinate bench of the Tribunal had previously deleted the quantum addition which formed the basis for this penalty.

What were the issues?

Whether a penalty under Section 271(1)(c) can be sustained when the underlying 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, “SMC” BENCH, AHMEDABAD

Before: Shri Pramod Kumar]

1.

By way of this appeal, the assessee appellant has challenged correctness of learned CIT(A)’s order dated 14.10.2016 upholding penalty of Rs.3,30,850/- imposed on the assessee under section 271(1)(c) of the Income Tax Act, 1961 for the assessment year 2011-12.

Vide order dated 3rd December 2018, a co-ordinate bench of this Tribunal 2. has deleted the quantum addition in respect of which the impugned penalty was levied. As the quantum addition stands deleted, the very foundation of impugned penalty ceases to hold good in law. The penalty is also, therefore, deleted.

3.

In the result, the appeal is allowed. Pronounced in the open court today on the 18th February, 2019. Sd/-

Pramod Kumar (Vice President) Ahmedabad, the 18th day of February, 2019 **bt

SMC-ITA No. 3470/Ahd/2016 Capiq Engineering Pvt Ltd vs. ITO Assessment year: 2011-12 Page 2 of 2 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

1.

Date of dictation: .....covered matter...14.02.2019.......... 2. Date on which the typed draft is placed before the Dictating Member: ... 14.02.2019...... 3. Date on which the approved draft comes to the Sr. P.S./P.S.: ..18.02.2019 ........ . 4. Date on which the fair order is placed before the Dictating Member for Pronouncement:… 18.02.2019... 5. Date on which the file goes to the Bench Clerk : ... 18.02.2019......... 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.......

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