ACIT CC 39, MUMBAI vs. ASHIRWAD LAND P.LTD, NAVI MUMBAI

The present bunch of appeals relating to different assessees have been preferred by the Revenue agitating the action of the Commissioner of Income Tax (Appeals) [hereinafter referred to as the CIT(A)] in deleting the penalty levied by the Assessing Officer (hereinafter referred to as the AO) under section 271(1)(c) of the Act.

At the outset, the Ld. A.R. of the assessee has brought our attention to the common order of the Tribunal dated 22.03.13 passed in quantum appeals in relation to 67 appeals pertaining to 52 different assessees including the assessees before us in relation to the above captioned appeals. The Ld. A.R. has further submitted that the penalty in the appeals before us was levied in relation to the additions made by the AO under section 69C of the Act. That the matter relating to the above additions travelled to the Tribunal and the Tribunal vide common order dated 22.03.13 (supra) passed in & others has deleted the additions in all the 67 appeals before it, including that of the assessees in the present appeal. Since the quantum additions have already been deleted by the Tribunal, hence the consequential penalty levied by the AO in relating to the above additions under section 271(1)(c) of the Act has no legs to stand and the same is accordingly deleted.