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Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD
Before: SHRI WASEEM AHMED&
PER Ms. MADHUMITA ROY - JM:
The instant appeal filed by the assessee is against the order dated 25.05.2017 passed by the Commissioner of Income Tax (Appeals)-7, Ahmedabad [Ld. CIT(A) in short] for Assessment Year (AY) 2006-07 arising out of the penalty order u/s.271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as "the Act") dated 30.03.2016 passed by the ITO, Ward-7(1)(3), Ahmedabad with the following grounds: 1. “The Ld.CIT(A) has erred in confirming the penalty of Rs.1,24,235/- under section 271(1)(c) on the ground that there is no evidences were furnished though the evidences were furnished as per the submission dated 13.04.2017 by the assessee reproduced in the appellate order.”
The facts of the case is this that the Learned AO has imposed penalty of Rs.1,24,235/- against the assessee for concealment of income. Such penalty proceeding
- 2 - ITA No.1743/Ahd/2017 Chandra Prakash Sharma vs. ITO Asst.Year – 2006-07 was initiated on the basis of the assessment order dated 24.03.2014 passed by the ITO, Ward 13(3), Ahmedabad whereby an addition of Rs.6,08,995/- as long term capital gain of the assessee has been made to the total income of the assessee.
At the time of hearing of the instant appeal, the Learned Counsel appearing for the assessee submitted before us that the appeal preferred by the assessee against the quantum proceeding has been decided by the ITAT on 10.05.2018 in favour of the assessee. The addition so made by the Assessing Officer has been quashed by the Co- ordinate Bench in ITA No.3348/Ahd/2015 for A.Y. 2006-07. The copy of the said order dated 10.05.2018 passed by the Co-ordinate Bench was also made available to us by the Learned AR. Since the order of addition has been quashed, the appeal arising out of such penalty proceeding before us preferred by the assessee become infructuous as contended by the Learned AR. However, The Learned DR raised no objection to the submission made by the Learned AR.
Having heard the Learned Counsel appearing for the parties, having regard to the facts and circumstances of the case and upon perusal of the order passed by the Learned ITAT, we are of the view that since the quantum has been deleted by the Ld Tribunal by quashing the entire assessment proceeding, the instant penalty appeal arising out of such quantum order becomes infructuous. Hence, appeal is dismissed as infructuous.
In the result, assessee’s appeal is dismissed as infructuous. This Order pronounced in Open Court on 01/01/2019
Sd/- Sd/- ( WASEEM AHMED ) ( Ms. MADHUMITA ROY ) ACCOUNTANT MEMBER JUDICIAL MEMBER Ahmedabad; Dated 01/01/2019 Priti Yadav, Sr.PS
- 3 - ITA No.1743/Ahd/2017 Chandra Prakash Sharma vs. ITO Asst.Year – 2006-07
आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant 2. ��यथ� / The Respondent. 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त(अपील) / The CIT(A)-7, Ahmedabad. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 5. 6. गाड� फाईल / Guard file. आदेशानुसार/ BY ORDER, स�या�पत ��त //True Copy// उप/सहायक पंजीकार (Dy./Asstt.Registrar) आयकर अपील�य अ�धकरण, अहमदाबाद / ITAT, Ahmedabad 1. Date of dictation 14/12/2018 (dictation pages 3 ) 2. Date on which the typed draft is placed before the Dictating Member 17/12/2018 3. Other Member… 4. Date on which the approved draft comes to the Sr.P.S./P.S …31/12/2018 5. Date on which the fair order is placed before the Dictating Member for pronouncement… 6. Date on which the fair order comes back to the Sr.P.S./P.S……. 7. Date on which the file goes to the Bench Clerk………………… 8. Date on which the file goes to the Head Clerk…………………………………... 9. The date on which the file goes to the Assistant Registrar for signature on the order…………………….. 10. Date of Despatch of the Order………………