THE ITO, WARD-9(2), SURAT vs. SMT. GEETA RAMESHCHANDRA GANDHI, SURAT

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ITA 1890/AHD/2012Status: DisposedITAT Surat13 November 2018AY 2003-042 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The CIT(A) deleted the penalty imposed by the AO. The Tribunal found no merit in the Revenue's appeal and upheld the deletion of the penalty.

What were the facts?

The assessee filed a return of income declaring Rs. 61,110. The assessment order determined the total income at Rs. 1,49,54,750. The AO imposed a penalty of Rs. 46,78,196 under section 271(1)(c).

What were the issues?

Whether the penalty imposed under section 271(1)(c) was rightly deleted by the CIT(A).

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SURAT– BENCH ‘SURAT

Before: SHRI RAJPAL YADAV & SHRI AMARJIT SINGH

For Respondent: DR Assessee by :, Shri Jagasheth, CA
Hearing: 13/11/2018Pronounced: 13/11/2018

आयकर अपील�य अ�धकरण। IN THE INCOME TAX APPELLATE TRIBUNAL SURAT– BENCH ‘SURAT BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER आयकर अपील सं./ ITA.No.1890/Ahd/2012 �नधा�रण वष�/ Asstt. Year: 2003-04 ITO, Ward-9(2) Vs. Smt.Geeta Rameshchandra Gandhi Room NO.421, Surat. Gandhi Colony A.K. Road, Surat PAN : ABLPG 2529 G अपीलाथ�/ (Appellant) �� यथ�/ (Respondent) Revenue by : Smt.Smita Nair, Sr.DR Assessee by : Shri Jagasheth, CA

सुनवाई क� तार�ख/Date of Hearing : 13/11/2018 घोषणा क� तार�ख /Date of Pronouncement: 13/11/2018 आदेश/O R D E R PER RAJPAL YADAV, JUDICIAL MEMBER: Revenue is in appeal before the Tribunal against order of ld.CIT(A)-V, Surat dated 5.6.2012 for the Asstt.Year 2003-04.

2.

The grievance of the Revenue is that the ld.CIT(A) has erred in deleting penalty of Rs.46,78,196/- which was imposed by the AO under section 271(1)(c) of the Income Tax Act, 1961.

3.

Brief facts of the case are that the assessee has filed her return of income on 17.10.2003 declaring total income at Rs.61,110/-. Assessment order was passed under section 143(3) on 24.3.2006 whereby the total income of the assessee was determined at Rs.1,49,54,750/- after making addition of

ITA No.1890/Ahd/2012 3

view that the ld.CIT(A) has rightly deleted penalty. We do not find any merit in this appeal of the Revenue. It is dismissed.

5.

In the result, appeal of the Revenue is dismissed. Order pronounced in the Court on 13th November, 2018 at Surat.

Sd/- Sd/- (AMARJIT SINGH) (RAJPAL YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER

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