M/S. ADVANCE GRP COOLING TOWERE PVT LTD,MUMBAI vs INCOME TAX OFFICER-12(1)(1), MUMBAI

Income Tax Appellate Tribunal, MUMBAI BENCH “A”, MUMBAI

Before: SHRI SHAMIM YAHYA & SHRI PAVAN KUMAR GADALE

For Appellant: Shri Sanjay Parikh

For Respondent: Shri Brajendra Kumar

Hearing: 11/02/2021Pronounced: 11/02/2021

This is an appeal by the assessee directed against order of learned Commissioner of Income Tax (Appeals)-20, Mumbai (in short ‘the CIT(A)’) passed under Section 271(1)(c) of the Income Tax Act, 1961 (in short ‘the Act’), vide order dated 30.05.2019 and pertains to Assessment Year 2013-14, wherein he confirmed the penalty of Rs.5,04,442/-.

At the outset, the learned counsel for the assessee submitted that ITAT has deleted the addition with reference to which the penalty has been levied. In this regard, he referred to the ITAT decision in for M/s. Advance GRP Cooling Towers Pvt. Ltd. Assessment Year 2013-14 vide order dated 17.07.2019. Hence, the learned counsel submitted that the penalty order does not survive.

Per contra, the learned DR did not dispute the proposition.

Upon careful consideration, we hold that as ITAT has deleted the addition with reference to which the penalty is levied, the penalty order of learned CIT(A) does not survive. Hence, we set-aside the order of authorities below and direct that the penalty be deleted.

In the result, appeal of assessee is allowed.

Order pronounced in the open court on 11th February, 2021.

M/S. ADVANCE GRP COOLING TOWERE PVT LTD,MUMBAI vs. INCOME TAX OFFICER-12(1)(1), MUMBAI