A.G. CONVEYING SYSTEMS PVT.LTD,,PUNE vs. DEPUTY COMMISSIONER OF INCOME-TAX, CIRCLE - 1 (2),, PUNE

This assessee’s appeal for A.Y. 2009-10 is directed against the CIT(A) - 1, Pune’s order dated 18/07/2019 passed in case No. PN/CIT(A) -1/DCIT, Circle-1(2), PN/20/2017-18 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 assessee’s sole substantive grounds both the lower authorities have erred in law and on facts in levying section 271(1)(c) penalty of Rs. 7,59,000/- in their respective orders, we note at the outset that the corresponding quantum disallowance/addition of bogus purchases amounting to Rs. 22,33,000/- itself stands deleted in the National e- Assessment Centre Delhi’s consequential assessment order dated 23.04.2021 passed in furtherance to the tribunal’s remand directions dated 19.09.2019 in quantum appeal. The same sufficiently indicates that the impugned penalty has no legs to stand as on date. It stands deleted in very terms. Ordered accordingly. Delay of one day in filing stands condoned in larger interest of justice.

This assessee’s appeal is allowed in above terms. Order pronounced in the Open Court on this 15th day of June, 2022.

The Pr.CIT-1, Pune. 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.