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Income Tax Appellate Tribunal, BANGALORE BENCH “ A ”
Before: SHRI ARUN KUMAR GARODIA & SHRI VIJAY PAL RAO
Per Shri Vijay Pal Rao, J.M. : This appeal by the revenue is directed against the order dt.12.02.2016 of Commissioner of Income Tax (Appeals) Panaji-2, arising from penalty levied under Section 271(1)(c) of the Income Tax Act, 1961 (in short 'the Act') for the Assessment Year 2005-06.
The revenue has raised the following grounds :
We have heard the learned D.R. as well as learned A.R. and considered the relevant material on record. At the outset, we note that in the quantum appeal, the Tribunal deleted the addition made by the Assessing Officer in the assessment under Section 153C of the Act vide order dt.9.12.2014 in ITA No.113/PNJ/2014. Though the revenue challenged the said order of this Tribunal before the Hon'ble High Court however the Hon'ble jurisdictional High Court vide its decision dt.13.01.2017 has dismissed the appeal of the revenue and upheld the order of the Tribunal. The relevant part of decision of Hon'ble High Court in para 7 as under :
Since the quantum is no more in existent therefore the penalty levied under Section 271(1)(c) of the Act could not survive. Accordingly, we do not find any error or illegality in the order of CIT (Appeals) in deleting the penalty levied.
In the result, the appeal of the revenue is dismissed.
Order pronounced in the open court on 12th May, 2017.