ASSISTANT COMMISSIONER OF INCOME TAX, EXEMPTIONS, CIRCLE-1, BENGALURU vs. BANGALORE DEVELOPMENT AUTHORITY, BENGALURU
Facts
The revenue filed an appeal challenging the order of the CIT(A) which deleted the penalty levied by the AO under section 271(1)(c) of the Act. The revenue's counsel pointed out that the quantum appeal for the same assessment year had been restored to the CIT(A). The assessee's counsel agreed with this course of action.
Held
The Tribunal considered the rival submissions and the facts on record. It was of the view that the present appeal should also be restored to the file of the CIT(A) for deciding afresh.
Key Issues
Whether the penalty order needs to be reviewed by CIT(A) afresh, considering the quantum appeal for the same AY was restored to CIT(A).
Sections Cited
271(1)(c), 250
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, BANGALORE “A” BENCH, BANGALORE
IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE “A” BENCH, BANGALORE Before Shri Chandra Poojari, Accountant Member and Shri Prakash Chand Yadav, Judicial Member ITA No. 613/Bang/2024 (Assessment Year: 2011-12)
DCIT (Exemptions), Circle-1 Bangalore Development Authority Room No. 606, 6th Floor T. Chowdaiah Road Unity Bluilding Annex Kumarapark West vs. P. Kalinga Road Road Seshadripurm S.O. Bengaluru 560027 Bangalore 560020 PAN – AAALB0060P (Appellant) (Respondent) Assessee by: Shri T. Srinivasa, CA Revenue by: Ms. Anjala Sahu, CIT-DR Date of hearing: 26.06.2024 Date of pronouncement: 27.06.2024 O R D E R Per: Prakash Chand Yadav, J.M. Present appeal filed by the revenue, challenges the order of National Faceless Appeal Centre, Delhi {CIT(A)} dated 02.02.2024 having DIN No. ITBA/NFAC/S/2003-24/1060413097(1) passed under Section 250 of the Income Tax Act, 1961 (the Act) in respect of Assessment Year (AY) 2011-12.
In the present matter the Ld CIT(A) has deleted the penalty levied by the AO u/s 271(1)(c) of the Act, vide its order dated 27.03.2017. Now the revenue assailing the Order of Ld CIT (A) has filed the instant appeal.
At the time of hearing the ld. CIT-DR pointed out that the quantum appeal in ITA No. 937/Bang/2015 dated 17.01.2020 for impugned AY, has already been restored to the file of the CIT (A) by the Bangalore Bench of the
2 ITA No. 613/Bang/2024 DCIT (Exemptions), Circle-1 ITAT. Therefore, the present proceedings may kindly be restored to the file of the CIT (A).
The ld. Counsel of the assessee, agreeing with the submissions of the CIT- DR has averted that the matter may be restored to the file of the ld. CIT (A).
Considering the rival submissions as well as the facts on record we are of the view that the present appeal would also go back to the file of the ld. CIT (A) for deciding afresh.
In the result, the appeal filed by the Revenue is allowed for statistical purposes. Order pronounced in the open Court on 27th June, 2024.
Sd/- Sd/- (Chandra Poojari) (Prakash Chand Yadav) Accountant Member Judicial Member Bengaluru, Dated: 27th June, 2024 n.p. Copy to: 1. The Appellant 2. The Respondent 3. The CIT, concerned 4. The DR, ITAT, Bangalore 5. Guard File By Order //True Copy// Assistant Registrar ITAT, Bangalore
