ITO, WARD - 27(2), HALDIA, HALDIA vs. SRI GIRISH CHANDRA RAUT, PURBA MEDINIPUR

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ITA 2502/KOL/2017Status: DisposedITAT Kolkata11 May 2018AY 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 confirmed the CIT(A)'s order, stating that since the quantum addition was deleted, no penalty survives. The Revenue's appeal was dismissed.

What were the facts?

The Revenue appealed against the CIT(A)'s order deleting a penalty imposed under Section 271(1)(c). The CIT(A) had deleted the penalty because the quantum appeal against the original addition was allowed.

What were the issues?

The primary issue was whether a penalty under Section 271(1)(c) could survive when the underlying addition giving rise to the penalty was deleted in appeal.

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, “C” BENCH: KOLKATA

Hearing: 08.05.2018Pronounced: 11.05.2018

The appeal filed by the revenue is against the order of Ld. CIT(A)-7, Kolkata dated 20.09.2017 for AY 2009-10 for deleting penalty of Rs.13,38,608/- imposed u/s. 271(1)(c) of the Income-tax Act, 1961 (hereinafter referred to as the “Act”).

2.

At the outset itself it has been brought to our notice that in the impugned order the Ld. CIT (A) has taken note of the fact in that the quantum appeal preferred by the assessee against the assessment order has been allowed and the quantum addition made by AO has been deleted by the Ld. CIT (A), therefore, Ld. CIT (A) taking note of this fact has cancelled the penalty. Further, it was brought to our notice that the department had challenged the decision of the Ld. CIT (A) in respect to relief granted for quantum appeal before this Tribunal and the Tribunal was pleased to confirm the order of the Ld. CIT(A) in for Ay 2009-10 dated 28.03.2018. Therefore, since the quantum addition made by AO in the assessment order has been deleted, no penalty survives,

Girish Chandra Raut, AY- 2009-10 therefore, we do not find any infirmity in the order of the ld. CIT (A) and we confirm the same. Appeal of revenue is dismissed.

3.

In the result, appeal of revenue is dismissed.

Order is pronounced in the open court on 11.05.2018 Sd/- sd/- (M. Balaganesh) (Aby. T. Varkey) Accountant Member Judicial Member Dated : 11th May, 2018 Jd.(Sr.P.S.) Copy of the order forwarded to:

1.

Appellant – ITO, Ward-27(2), Haldia 2 Respondent – Shri Girish Chandra Raut, S/o Prasanna Raut, Vill Maitrapur, P.O. Alankarpur, Digha Costal Mohana, Purba Medinipur- 721428. 3. The CIT(A) Kolkata.

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