HARSHAD TRADERS,JALNA vs. INCOME-TAX OFFICER, WARD - 1, JALNA

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ITA 584/PUN/2019Status: DisposedITAT Pune22 July 2022AY 2012-132 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal noted that the quantum addition on which the penalty was imposed had been deleted by the same Tribunal in a previous order. Therefore, with no quantum addition surviving, the penalty cannot be sustained.

What were the facts?

The assessee appealed against the penalty imposed under Section 271(1)(c) for the assessment year 2012-13. The penalty was levied on an addition made by the Assessing Officer.

What were the issues?

Whether penalty under Section 271(1)(c) can be sustained when the underlying addition has been deleted.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH, PUNE

Before: SHRI INTURI RAMA RAO & SHRI S.S. VISWANETHRA RAVI

For Appellant: Shri Kishor B. Phadke
For Respondent: Shri S.P. Walimbe

आदेश / ORDER

PER S.S. VISWANETHRA RAVI, JM :

1.

This appeal by the assessee against the order dated 11-01-2019 passed by the Commissioner of Income Tax (Appeals)-1, Aurangabad [‘CIT(A)’] for assessment year 2012-13.

2.

The only issue is to be decided is as to whether the CIT(A) justified in confirming the penalty imposed by the AO u/s. 271(1)(c) of the Act.

3.

At the outset, the ld. AR submits that the quantum on which the penalty was imposed deleted by this Tribunal. He placed on record a copy of order dated 19-07-2019 and on perusal of the same, we note that this Tribunal discussed the issue in quantum appeal at Para No. 11 and deleted the addition made on account of discount offered by the assessee to M/s. Rajuri Steels Pvt. Ltd. Therefore, considering the same when there is no quantum surviving, no penalty lies. Thus, the grounds raised by the assessee are allowed.

4.

In the result, the appeal of assessee is allowed.

Order pronounced in the open court on 22nd July, 2022.

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