ITO WARD-3, PANVEL vs. EKDANTA LAND PRIVATE LIMITED, URAN

This assessee’s appeal for A.Y. 2009-10 is directed against the CIT(A)-2, Thane’s order dated 02/09/2019 passed in case No. ITA(No).10767/2018-19 involving proceeding u/s. 271(1)(c) of the Income Tax Act, 1961 ; in short "the Act”. Heard both the parties. Case file perused.

Coming to the Revenues sole substantive grievance that the CIT(A) has erred in law and on facts in deleting the impugned penalty of Rs.1,18,59,204/- levied by the Assessing Officer in his order dated 28.03.2017, we note at the outset that this tribunal’s coordinate bench’s order dated 17.10.2018 in has quashed section 153C quantum proceedings itself as not sustainable in law. This clinching fact has gone un-rebutted from the Revenue’s side.

Faced with this situation, we hold that the impugned penalty has no legs to stand. The Revenue fails in its sole substantive ground therefore. Ordered accordingly.

The Pr.CIT-2 Thane. 5. नवभधगऩय प्रनतनननध, आयकर अपऩलऩय अनधकरण, “ए” बेंच, पपणे / DR, ITAT, “A” Bench, Pune. गधर्ा फ़धइल / Guard File. आदेशधनपसधर / BY ORDER, 6. // True Copy // Senior Private Secretary आयकर अपऩलऩय अनधकरण, पपणे / ITAT, Pune.