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Income Tax Appellate Tribunal, “A”
Before: Shri Sanjay Garg & Shri Rajesh Kumar
IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH KOLKATA Before Shri Sanjay Garg, Judicial Member and Shri Rajesh Kumar, Accountant Member Assessment Year: 2008-09 Marble Impex Pvt. Ltd.…..............................................................……….……Appellant Room No.29, 2nd Floor, 13, Pollock Street, Kolkata. [PAN: AACCM0608B] vs. ITO, Ward-4(2), Kolkata….……….…..…...............……........……...…..…..Respondent Appearances by: Shri Anil Kochar, Advocate, appeared on behalf of the appellant. Shri Biswanath Das, Addl. CIT-DR, appeared on behalf of the Respondent. Date of concluding the hearing : June 8, 2022 Date of pronouncing the order : June 14, 2022
ORDER
Per Sanjay Garg, Judicial Member:
The present appeal has been preferred by the assessee against the order dated 08.11.2021 of the National Faceless Appeal Centre [hereinafter referred to as ‘CIT(A)’]. The assessee in this appeal has agitated the levy of penalty u/s 271(1)(c) of the Income Tax Act (hereinafter referred to as the ‘Act’).
At the outset, the ld. Counsel for the assessee has invited our attention to the order of the Tribunal 10.01.2020 passed in for assessment year 2008-09 stating that the quantum assessment/additions in relation to which the impugned penalty has been levied by the Assessing Officer stood quashed by the Tribunal vide aforesaid order dated 10.01.2020.
Since the assessment in the course of which the impugned penalty initiated and the basis of penalty that is the impugned addition stood deleted by the order of the Tribunal dated 10.01.2020, therefore, the impugned penalty has no legs to stand and the same is accordingly ordered to be deleted.
Assessment Year: 2008-09 Marble Impex Pvt. Ltd 4. In the result, the appeal of the assessee stands allowed. Kolkata, the 14th June, 2022.