INCOMETAX OFFICER WARD-2(1),UDAIPUR, UDAIPUR vs. CHAITANYA KOCHAR, UDAIPUR

ITA 429/JODH/2023Status: DisposedITAT Jodhpur11 August 2026AY 2002-036 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that once the quantum assessments and the additions forming the basis of the penalties were quashed by the ITAT, the penalties could not survive independently. The pendency of the Revenue's appeal before the High Court does not validate the penalties.

What were the facts?

Assessments were framed under section 153A after a search. The Bombay High Court quashed these assessments due to jurisdictional issues. Fresh assessments were made, which were later quashed by the ITAT as barred by limitation. Penalties under section 271(1)(c) were levied based on these quashed additions.

What were the issues?

Can penalties under section 271(1)(c) survive when the underlying assessment and additions have been quashed by a higher tribunal? Does the pendency of a further appeal by the Revenue before the High Court validate such penalties?

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 153A,Section 143(3),Section 260A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JODHPUR BENCH, JODHPUR

Before: SHRI AMIT SHUKLA, HON’BLE & SHRI GIRISH AGRAWAL, HON’BLE

For Respondent: DR (Physical)

PER BENCH: The aforesaid appeals have been preferred by the Revenue against the common order dated 29.09.2023 passed by the Ld. CIT(A)-4, Jaipur, deleting the penalties levied under section 271(1)(c) of the Income-tax Act, 1961 for the Assessment Years 2002-03 and 2005-06. Since the issue involved in both the appeals is identical and arises out of the same set of proceedings, these appeals were heard together and are being disposed of by this consolidated order. Asst. Years: 2002-03 & 2005-06

2.

The brief facts, as culled out from the impugned order, are that a search under section 132(1) was carried out on 07.09.2007 and, consequent thereto, assessments for Assessmen

The order continues below.

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