ASHOK SHAMKANT SATPUTE,PUNE vs. CIT(A), PUNE
Income Tax Appellate Tribunal, PUNE BENCH “A”, PUNE
Before: SHRI R. K. PANDA & MS. ASTHA CHANDRAAssessment year : 2014-15
PER R.K. PANDA, VP:
This appeal filed by the assessee is directed against the order dated
29.09.2023 of the Ld. CIT(A) / NFAC, relating to assessment year 2014-15. 2. Although a number of grounds have been raised by the assessee, however, these all relate to the order of the Ld. CIT(A) / NFAC in confirming the penalty of Rs.12,58,127/- levied by the Assessing Officer u/s 271(1)(c) of the Income Tax
Act, 1961 (hereinafter referred to as ‘the Act’).
None appeared on behalf of the assessee at the time of hearing. However, the Ld. DR filed a copy of the order of the Tribunal in ITA No.2643/PUN/2017,
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for assessment year 2014-15, dated 29.04.2021 stating that the quantum appeal has been restored to the file of the Ld. CIT(A). He, accordingly submitted that he has no objection if this penalty issue also is restored to the file of the Ld. CIT(A) for deciding the issue afresh after the quantum appeal is decided.
A perusal of the order of the Ld. CIT(A) / NFAC shows that the present appeal was dismissed due to non-prosecution. Since the penalty has been levied on account of addition of Rs.62,13,664/- under the head ‘Long term capital gains’ and since the quantum proceedings have already been restored to the file of the Ld. CIT(A) / NFAC, therefore, considering the totality of the facts of the case and in the interest of justice, we deem it proper to restore the issue of penalty to the file of the Ld. CIT(A) / NFAC with a direction to re-adjudicate the issue on the basis of outcome of the quantum appeal. The grounds raised by the assessee are accordingly allowed for statistical purposes.
In the result, the appeal filed by the assessee is allowed for statistical purposes.
Order pronounced in the open Court on 13th June, 2025. (ASTHA CHANDRA)
VICE PRESIDENT
पुणे Pune; दिन ांक Dated : 13th June, 2025
GCVSR
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आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to:
अपीलार्थी / The Appellant; 2. प्रत्यर्थी / The Respondent
4. The concerned Pr.CIT, Pune DR, ITAT, ‘A’ Bench, Pune 5. गार्ड फाईल / Guard file.
आदेशानुसार/ BY ORDER,
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Senior Private Secretary
आयकर अपीलीय अधिकरण ,पुणे
/ ITAT, Pune
S.No.
Details
Date
Initials
Designation
1
Draft dictated on 12.06.2025
Sr. PS/PS
2
Draft placed before author
12.06.2025
Sr. PS/PS
3
Draft proposed & placed before the Second Member
JM/AM
4
Draft discussed/approved by Second
Member
AM/AM
5
Approved Draft comes to the Sr. PS/PS
Sr. PS/PS
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Kept for pronouncement on Sr. PS/PS
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Date of uploading of Order
Sr. PS/PS
8
File sent to Bench Clerk
Sr. PS/PS
9
Date on which the file goes to the Head
Clerk
10
Date on which file goes to the A.R.
11
Date of Dispatch of order