ACIT 28(2), NAVI MUMBAI vs. KRUPA ANIL PATIL, NAVI MUMBAI

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ITA 754/MUM/2018Status: DisposedITAT Mumbai19 June 2019AY 2009-102 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that once the quantum addition is deleted, the penalty levied on such addition does not survive. Therefore, the order of the CIT(A) deleting the penalty was justified.

What were the facts?

The Revenue appealed against the deletion of penalty imposed under Section 271(1)(c) of the Income Tax Act. The penalty was levied on a quantum addition of Rs. 83,79,000/- related to land purchase.

What were the issues?

Whether the CIT(A) was justified in deleting the penalty levied under Section 271(1)(c) when the related quantum addition was 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, “H”, BENCH

Before: SHRI M.BALAGANESH, AM & SHRI AMARJIT SINGH, JM

For Respondent: Shri B, Yadagiri
Hearing: 17/06/2019Pronounced: 19/06/2019

आदेश / O R D E R PER M. BALAGANESH (A.M):

1.

This appeal in A.Y.2009-10 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-26, Mumbai in appeal No.CIT-26/IT-112/2014-15 dated 23/11/2017 (ld. CIT(A) in short) in the matter of imposition of penalty u/s.271(1)(c) of the Income Tax Act, 1961.

2.

The only issue to be decided in this appeal is as to whether the ld. CIT(A) was justified in deleting the penalty levied u/s.271(1)(c) of the Act Ms.Krupa Anil Patil in respect of quantum addition of Rs.83,79,000/-, in the facts and circumstances of the case.

3.

None appeared on behalf of the assessee.

4.

The ld. DR vehemently relied on the order of the ld. AO levying the penalty in respect of addition made in the sum of Rs.83,79,000/- towards transactions pertaining to land purchase. This Tribunal had deleted the quantum in the sum of Rs.83,79,000/- vide its order in dated 21/12/2016 for A.Y.2009-10 and we find that the ld. CIT(A) by placing reliance on the Tribunal decision in quantum appeal had deleted the penalty levied on such quantum. We do not find any infirmity in the said order of the ld. CIT(A) as once the quantum addition is deleted, the penalty on such addition does not survive. Accordingly, the grounds raised

by the revenue are dismissed. 5. In the result, appeal of the Revenue is dismissed. Order pronounced in the open court on this 19/06/2019

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