RSRG DEVBUILD P. LTD,INDORE vs. INCOME TAX OFFICER 4(1), INDORE
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Income Tax Appellate Tribunal, INDORE BENCH, INDORE
Before: SHRI B.M. BIYANI & SHRI PARESH M. JOSHI
आदेश/ O R D E R
Per B.M. Biyani, A.M.:
Feeling aggrieved by order of first-appeal dated 09.09.2024 passed by
learned Commissioner of Income-Tax (Appeals)-NFAC, Delhi [“CIT(A)”] which
in turn arises out of penalty-order dated 07.09.2022 passed by learned ITO-
4(1), Indore [“AO”] u/s 271(1)(c) of Income-tax Act, 1961 [“the Act”] for
Assessment-Year [“AY”] 2014-15, the assessee has filed this appeal on the
grounds mentioned in Appeal Memo (Form No. 36).
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RSRG Devbuild Pvt. Ltd. ITA No. 692/Ind/2024 - AY 2014-15
Although Ld. AR for assessee filed an adjournment request in writing
but at the time of hearing, he prayed to allow withdrawal of same and
proceed for hearing of case on today itself. The request of Ld. AR is accepted
and the hearing is proceeded.
Ld. AR next submitted that the present appeal assails the penalty of
Rs. 24,72,000/- imposed by AO u/s 271(1)(c) and upheld by CIT(A). He
submitted that the said penalty had been imposed by AO for the addition of
Rs. 80,00,000/- made in assessment-order dated 30.03.2022 u/s 144/147
r.w.s. 144B of the Act. He submitted that the assessee’s appeal against
assessment-order [hereafter referred to as “Quantum-Appeal”] is still
pending before CIT(A) and since the penalty u/s 271(1)(c) is consequential to
the addition made in assessment-order, this matter should also be
remanded back to the file of CIT(A) for adjudication afresh on the basis of
outcome of Quantum-Appeal.
Ld. DR for revenue agrees to the submission of Ld. AR.
In view of above submissions-cum-consensus of parties, we restore
this matter at the level of CIT(A) for adjudication afresh on the basis of
outcome of Quantum-Appeal of assessee.
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RSRG Devbuild Pvt. Ltd. ITA No. 692/Ind/2024 - AY 2014-15
Resultantly, this appeal is allowed for statistical purpose.
Order pronounced in open court immediately after conclusion of hearing and subsequently reduced in writing on the very same day.
Sd/- Sd/-
(PARESH M. JOSHI) (B.M. BIYANI) JUDICIAL MEMBER ACCOUNTANT MEMBER
Indore
िदनांक/Dated : 20/03/2025
Patel/Sr. PS Copies to: (1) The appellant (2) The respondent (3) CIT (4) CIT(A) (5) Departmental Representative (6) Guard File By order UE COPYSr. Private Secretary Income Tax Appellate Tribunal Indore Bench, Indore
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