PALMSHORE HOTELS PRIVATE LIMITED,TRIVANDRUM vs. ACIT, CIRCLE 1(1), , TRIVANDRUM

PDF · subscribers
ITA 1052/COCH/2024Status: DisposedITAT Cochin27 June 2025AY 2017-182 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that since the underlying quantum appeal had already been restored to the Assessing Officer for fresh adjudication, the present penalty appeal under Section 270A should also be restored to the Assessing Officer. The adjudication of the penalty issue would depend on the outcome of the quantum appeal.

What were the facts?

Palmshore Hotels Pvt. Ltd. (assessee) appealed against a CIT(A) order confirming a penalty of Rs. 15,51,990/- imposed under Section 270A of the Income Tax Act, 1961, for Assessment Year 2017-18. The Tribunal had previously restored the related quantum appeal (ITA No. 983/Coch/2024) to the Assessing Officer for fresh adjudication.

What were the issues?

Whether the penalty imposed under Section 270A of the Income Tax Act, 1961, was sustainable when the underlying quantum assessment appeal had been restored to the Assessing Officer for fresh adjudication.

Which sections of the Income-tax Act were involved?

Section 270A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, COCHIN BENCH

Before: SHRI INTURI RAMA RAO, AM & SHRI PRAKASH CHAND YADAV, JM

For Appellant: Shri Rajeev R., CA
For Respondent: Smt. Leena Lal, Sr. D.R
Hearing: 21.05.2025Pronounced: 27.06.2025

O R D E R Per: Inturi Rama Rao, AM This appeal filed by the assessee is directed against the order of the National Faceless Appeal Centre, Delhi [CIT(A)], dated 21.10.2024 for Assessment Year (AY) 2017-18 confirming the penalty imposed by the Assessing Officer u/s. 270A of Income Tax Act, 1961 (hereinafter "the Act") of Rs. 15,51,990/-.

2.

At the outset it is submitted that the Tribunal had restored the quantum appeal in to the file of AO for fresh adjudication. Therefore, the learned counsel for the assessee

3.

The learned Sr. DR did not raise any serious objection to the submission of the learned counsel for the assessee.

4.

We have heard rival contentions and perused the material available on record. Since the quantum appeal is restored to the file of AO for fresh adjudication, the present appeal is also restored to the AO for adjudicating the issue based on the outcome in the quantum appeal.

5.

In the result, appeal filed by the assessee stands partly allowed.

Order pronounced in the open court on 27th June, 2025.

More judgments on Section 270A

All 4,156 judgments and leading authorities on Section 270A →

Recent GST High Court judgments

Search GST case law →