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Income Tax Appellate Tribunal, “C” BENCH, MUMBAI
Before: SHRI SAKTIJIT DEYAND SHRI MANOJ KUMAR AGGARWAL
Date of Hearing – 08.05.2019 Date of Order – 17.05.2019
O R D E R PER SAKTIJIT DEY. J.M.
The aforesaid appeal has been filed by the assessee challenging the order dated 25th September2017, passed by the learned Commissioner (Appeals)–50, Mumbai, deleting the penalty imposed under section 271(1)(c) of the Income Tax Act, 1961 (for short "the Act") pertaining to the assessment year 2005–06.
2 M/s. Oleander Farms Pvt. Ltd. 2. When the appeal was called for hearing, no one was present to represent the case on behalf of the assessee. Therefore, we proceed to dispose of the appeal ex–parte qua the assessee after hearing the learned Departmental Representative and the material available on record.
At the outset, the learned Departmental Representative submitted that the additions on the basis of which penalty under section 271(1)(c) of the Income Tax Act, 1961 (for short "the Act") was imposed, in the meanwhile, have been deleted by the Tribunal while deciding the quantum appeal of the assessee. Thus, he submitted, as a result of the order passed by the Tribunal in the quantum appeal, the penalty imposed under section 271(1)(c) of the Act does not survive.
On a perusal of the impugned order of the learned Commissioner (Appeals), we find that in course of hearing of appeal, the decision of the Tribunal in quantum appeal was filed. On going through the order of the Tribunal, learned Commissioner (Appeals) having found that the additions on the basis of which penalty under section 271(1)(c) of the Act was imposed have been deleted by the Tribunal, held that the penalty order passed under section 271(1)(c) of the Act would not survive. The aforesaid factual position remains uncontroverted. In fact, in ground no.1 of the present appeal, the Revenue has accepted the 3 M/s. Oleander Farms Pvt. Ltd. fact that the additions on the basis of which penalty under section 271(1)(c) of the Act was imposed have been deleted by the Tribunal. In view of the aforesaid, we do not find any infirmity in the order of the learned Commissioner (Appeals) in deleting the penalty imposed. Grounds are dismissed.
In the result, appeal is dismissed. Order pronounced in the open Court on 17.05.2019