SANJAY MOHANLAL BAFNA,PUNE vs. ASST. COMMISSIONER OF INCOME TAX CIRCLE 5, PUNE
Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE
Before: SHRI R. K. PANDA & SHRI VINAY BHAMOREAssessment year : 2018-19
PER R. K. PANDA, VP :
This appeal filed by the assessee is directed against the order dated
09.09.2024 of the Ld. CIT(A) / NFAC, Delhi relating to assessment year 2018-19. 2. There is a delay of 49 days in filing of this appeal before the Tribunal for which the assessee has filed a condonation application along with an affidavit explaining the reasons for such delay. After considering the contents of the condonation application filed along with the affidavit and after hearing the Ld. DR, the delay in filing of the appeal is condoned and the appeal is admitted for adjudication.
2
3. 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.38,24,86,228/- levied by the Assessing Officer u/s 270A of the Income Tax Act,
1961 (hereinafter referred to as ‘the Act’).
The Ld. Counsel for the assessee at the outset filed a copy of the order of the Tribunal in assessee’s own case vide ITA No.2047/PUN/2024, order dated 18.03.2025 for assessment year 2018-19 and submitted that the quantum addition has already been deleted by the Tribunal. He accordingly submitted that since the quantum addition has been deleted, therefore, the penalty does not survive.
The Ld. DR fairly conceded that the Tribunal has deleted the addition made by the Assessing Officer and sustained by the Ld. CIT(A) / NFAC.
We have heard the rival arguments made by both the sides, perused the orders of the Assessing Officer and Ld. CIT(A) / NFAC and the paper book filed on behalf of the assessee. We have also considered the various decisions cited before us. We find the Assessing Officer in the instant case levied penalty of Rs.38,24,86,228/- u/s 270A on account of addition of Rs.40,21,54,775/- being difference in the capital account and addition of Rs.13,60,27,619/- being difference in the sundry creditors which has been confirmed by the Ld. CIT(A) / NFAC. We find in the quantum proceedings, the Tribunal vide ITA No.2047/PUN/2024 order dated 18.03.2025 has already deleted both the additions, therefore, the penalty does not survive. We, therefore, set aside the order of the Ld. CIT(A) / NFAC and 3 direct the Assessing Officer to cancel the penalty. The grounds raised by the assessee are accordingly allowed.
In the result, the appeal filed by the assessee is allowed.
Order pronounced in the open Court on 27th March, 2025. (VINAY BHAMORE)
VICE PRESIDENT
पुणे Pune; दिन ांक Dated : 27th March, 2025
GCVSR
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, ‘B’ Bench, Pune 5. गार्ड फाईल / Guard file.
आदेशानुसार/ BY ORDER,
////
Senior Private Secretary
आयकर अपीलीय अधिकरण ,पुणे
/ ITAT, Pune
S.No.
Details
Date
Initials
Designation
1
Draft dictated on 25.03.2025
Sr. PS/PS
2
Draft placed before author
26.03.2025
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
6
Kept for pronouncement on Sr. PS/PS
7
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