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Facts
The Revenue filed an appeal against the order of the Ld. CIT(A) deleting the penalty. During the proceedings, the Ld. DR submitted that the Ld. CIT(A) had subsequently passed an order u/s 154 of the Income Tax Act, 1961, restoring the penalty.
Held
The Tribunal noted that the appeal had become infructuous due to the subsequent order passed by the Ld. CIT(A). Since there was no objection from the assessee's counsel, the appeal was dismissed.
Key Issues
Whether the appeal filed by the Revenue becomes infructuous after the CIT(A) passes a rectification order under Section 154 of the Income Tax Act, 1961.
Sections Cited
154, 271(1)(c)
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Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE
Before: SHRI R. K. PANDA & MS. ASTHA CHANDRA
ACIT, Praphull Kaluram Shivale Central Circle 2(3), 1, A/P, Koregaon Bhima, Vs. Pune Pune Nagar Road, Tal Shirur, Pune – 411007 PAN: BFQPS4176B (Appellant) (Respondent) Assessee by : S/Shri B.C. Malakar and Yuvraj Chavan Department by : Shri Arvind Desai, Addl. CIT-DR Date of hearing : 20-03-2025 Date of pronouncement : 20-03-2025 O R D E R PER ASTHA CHANDRA, JM :
This appeal filed by the Revenue is directed against the order dated 09.03.2024 of the Ld. CIT(A), Pune-12 relating to assessment year 2016-17.
The Revenue in the grounds of appeal has challenged the order of the Ld. CIT(A) in deleting the penalty of Rs.15,67,000/-.
3. The Ld. DR at the outset submitted that subsequent to the passing of this order, the Ld. CIT(A) has passed an order u/s 154 of the Income Tax Act, 1961 restoring the penalty levied by the Assessing Officer u/s 271(1)(c). Therefore, this appeal filed by the Revenue becomes infructuous. In absence of any objection from the side of the Ld. Counsel for the assessee, the appeal filed by the Revenue being infructuous, is dismissed.
In the result, the appeal filed by the Revenue is dismissed.
Order pronounced in the open Court at the time of hearing itself i.e. on 20th March, 2025.