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Income Tax Appellate Tribunal, AHMEDABAD ‘A1’ BENCH, AHMEDABAD
Per Pramod Kumar, Vice President: 1. By way of this appeal, the appellant Assessing Officer has challenged correctness of the order dated 28.07.2017, passed by the learned CIT(A)-9, Ahmedabad, deleting penalty of Rs.39,11,131/- imposed on the assessee under section 271(1)(c) of the Income Tax Act, 1961 for the assessment year 2011-12.
So far as the grievance of the Assessing Officer is concerned, learned representatives fairly agree that the related quantum addition itself stands deleted, vide order dated 27.04.2018, by a co-ordinate bench of this Tribunal and hence the very foundation of impugned penalty ceases to hold good in law. The impugned penalty, therefore, must also be deleted. We order so.
In the result, appeal filed by the Revenue is dismissed. Pronounced in the open Court today on the 29th day of January, 2019.
Sd/- Sd/- Justice P P Bhatt Pramod Kumar (President) (Vice President) Ahmedabad, dated the 29th day of January, 2019
ITA No.2320/Ahd/2017 Assessment Year: 2011-12 Page 2 of 2
PBN/*
Copies to: (1) The appellant (2) The respondent (3) CIT (4) CIT(A) (5) DR (6) Guard File
By order
Assistant Registrar Income Tax Appellate Tribunal Ahmedabad benches, Ahmedabad