ACIT, CENTRAL CIRCLE-2(3), PUNE, PUNE vs. PRAPHULL KALURAM SHIVALE, PUNE
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
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.
What were the 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.
What were the 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.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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.
More judgments on Section 154
- Income Tax Officer, Jaipur vs Rakesh Kumar Malani, JaipurITA 1425/JPR/2026[2025-26]Status: Disposed21 Oct 2026AY 2025-26
- Income Tax Officer, Jaipur vs Anita Sharma, JaipurITA 1344/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Ramtirath Bawa, Nagpur vs ITO Ward3(4), NagpurITA 327/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Mohinder Singh, Nagpur vs ITO Ward 3(4), NagpurITA 322/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Ramakrishna Reddy Makireddy, Hyderabad vs ACIT, Circle-5(1), HyderabadITA 70/HYD/2026[2007-08]Status: Disposed16 Oct 2026AY 2007-08
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