MUNDUKHOLA BAKSAGARH SKUS LTD.,HOOGHLY vs. I.T.O., WARD - 24(1), HOOGHLY
What did the Tribunal hold?
The Tribunal noted that the ITAT had previously allowed the interest income and deleted the addition. Consequently, the penalty initiated by the AO was deleted.
What were the facts?
The assessee, a co-operative society, appealed an order from the CIT(A). The appeal concerns penalty proceedings initiated under Section 270A of the Act.
What were the issues?
The primary issue was the validity of penalty proceedings initiated under Section 270A when prior ITAT orders had already addressed and resolved the underlying income addition.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, KOLKATA ‘C’ BENCH, KOLKATA
Before: SHRI RAJESH KUMAR & SHRI PRADIP KUMAR CHOUBEY
IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA ‘C’ BENCH, KOLKATA BEFORE SHRI RAJESH KUMAR, ACCOUNTANT MEMBER AND SHRI PRADIP KUMAR CHOUBEY, JUDICIAL MEMBER I.T.A. No.913/KOL/2026 Assessment Year: (2017-18) Mundukhola Baksagarh Skus Ltd., ITO, Baksagarh, Panchpara, Hoghly – Vs. Ward – 24(1), 712501, West Bengal Hooghly [PAN: AABAM7385E] (Appellant) .. (Respondent) Appellant by : Shri S. P. Dutta, AR Respondent by: Shri Sandip Sarkar, Sr. DR Date of Hearing 15.06.2026 Date of Pronouncement 08.07.2026
O R D E R PER PRADIP KUMAR CHOUBEY, JUDICIAL MEMBER:
This appeal filed by the assessee is directed against the order dated 24.02.2026 of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the “ld. CIT(A)”) passed u/s 250 of the Income-tax Act, 1961 (hereinafter referred to as “the Act”) for the assessment year (A.Y.) 2017-18.
The facts of the case in brief are that assessee is a co-operative society, involved in rendering banking services to its members of the cooperative and trading of fertilizers. The assessee furnished return of income for the relevant period on 19/12/2017, showing taxable income
ITA No.813/Kol/2026/A.Y. 2017-18 Mundukhola Baksagarh Skus Ltd. vs. ITO wherein the said demand has already been deleted by ITO, Ward – 24(1), Hooghly, dated 07.05.2025 and passed an order u/s 254/270A of the Act. The ld. AR filed (i) order of ITAT passed in the assessee’s own case being ITA No.879/Kol/2024, dated 15.01.2025, (ii) order u/s 254 r.w.s. 270A of the Act, dated 02.05.2025 and (iii) order u/s 254 r.w.s. 143(3) of the Act, dated 08.04.2025. 5. Contrary to that, learned Senior Departmental Representative (ld. Sr. DR) submits that there was complete non-compliance either before the AO or before the ld. CIT(A). 6. Upon hearing the submission of the ld. AR of the representative parties and on perusal of the impugned order, we find that the penalty proceeding has been initiated u/s 270A of the Act on the basis of order passed by the AO, dated 30.12.2019. It is pertinent to mention here that at the time of penalty proceedings as well as proceedings in appellate authority before the ld. CIT(A), there was complete non-compliance. The ld. AR by filling documentary evidence has submitted that ITAT has allowed the interest income vide order dated 15.01.2025 and further deleted the addition of interest income and in view of the order passed by the ITAT, order u/s 254/270A of the Act has been passed and demand has already been deleted. The order u/s 254/270A of the Act has been placed before us, which is hereinbelow:
ITA No.813/Kol/2026/A.Y. 2017-18 Mundukhola Baksagarh Skus Ltd. vs. ITO 8. In the result, the appeal of the assessee is allowed and the penalty initiated by AO is deleted.
The order is pronounced in the open Court on 08/07/2026.
Sd/- Sd/- (Rajesh Kumar) (Pradip Kumar Choubey) ACCOUNTANT MEMBER JUDICIAL MEMBER Kolkata, Dated: 08/07/2026 SAMANTA आदेश�ȧĤǓ�ͧ �ͪ �\ Ē ȯͪ��/Copy of the Order forwarded to: 1. \ �Ȣ�ȡ�ȸ/ The Appellant 2. Ĥ×��ȸ/ The Respondent 3. Ȳ�Ȳͬ��आयकर] �ǕÈ�/ Concerned CIT 4. आयकर] �ǕÈ�(अपील) / The CIT(A) 5. ��ȡ�Ȣ�ĤǓ�Ǔ�ͬ �, आयकर\ �Ȣ�ȣ�\ͬ ����,/ DR, ITAT, Kolkata 6. �ȡ�[फाईल/ Guard file
BY ORDER,
// TRUE COPY // Asstt. Registrar, ITAT, Kolkata
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