SHIVBHUMI TRADERS PVT. LTD.,,KOLKATA vs. ITO, WARD 12(1),, KOLKATA

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ITA 247/KOL/2026Status: DisposedITAT Kolkata28 April 2026AY 2011-20122 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 appeal was restored to the Assessing Officer, the consequential penalty under Section 271(1)(c) should be deleted. The appeal was restored to the Assessing Officer to initiate penalty proceedings if deemed fit.

What were the facts?

The assessee's appeal is against an order passed by the NFAC. The quantum appeal for the same assessment year was previously restored to the Assessing Officer.

What were the issues?

Whether the penalty under Section 271(1)(c) is sustainable when the underlying quantum appeal has been restored to the Assessing Officer.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 250

AI-generated summary — verify with the full judgment below

Before: Shri Rajesh Kumar, AccountantMember & Shri Pradip Kumar Choubey, JudicialMember

आयकर अपील�य अ�धकरण, कोलकाता पीठ, कोलकाता IN THE INCOMETAX APPELLATE TRIBUNAL “D”BENCH KOLKATA Before Shri Rajesh Kumar, AccountantMember and Shri Pradip Kumar Choubey, JudicialMember ITA No.247/Kol/2026 Assessment Year: 2011-12 Shivbhumi Traders Pvt. Ltd...……..………………….……….……….……Appellant 2E, Cornfield Road, Kol-700019. [PAN: AAOCS1697L] vs. ITO, Ward-12(1), Kolkata…...……...…………………….....……...…..…..Respondent Appearances by: Shri Abhijit Ghosal, Adv., appeared on behalf of the appellant. Shri S B Chakraborthy, Sr. DR,appeared on behalf of the Respondent. Date of concluding the hearing :April 23, 2026 Date of pronouncing the order :April 28 , 2026 ORDER PerPradip Kumar Choubey, Judicial Member: This appeal filed by the assessee is directed against the order dated 28.11.2025 of the NFAC, Delhi passed u/s 250 of the Income-tax Act, 1961 (hereinafter referred to as “the Act”) for the assessment year 2011– 12. 2. After hearing the rival contentions, we find that the quantum appeal of the assessee has been restored to the file of the Assessing Officer vide order dated 21.04.2025 in ITA No.771/Kol/2023 and the copy of the order is available at page 62 of the paper-book. Considering the same, the consequential penalty u/s 271(1)(c) involved in the present appeal is deleted and the appeal is also restored to the file of the Assessing Officer with a liberty to the Assessing Officer to initiate penalty proceedings as he deems fit.

ITA No.247/Kol/2026 3. In the result, the appeal of the assessee is allowed for statistical purposes.

Kolkata, the 28th April, 2026.

Sd/- Sd/- [Rajesh Kumar] [Pradip Kumar Choubey] Accountant Member Judicial Member

Dated:. 28.04.2026. DC Copy of the order forwarded to: 1. Appellant - 2. Respondent - 3. CIT(A)- 4. CIT- , 5. CIT(DR),

//True copy// By order Assistant Registrar, Kolkata Benches

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