SHRI VEDPRAKASH DEVIKINANDAN CHIRIPAL,AHMEDABAD vs. THE ACIT, CIRCLE-11, AHMEDABAD

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ITA 1784/AHD/2015Status: DisposedITAT Ahmedabad10 November 2017AY 2008-093 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that since the quantum additions/disallowances that formed the basis for the penalty were already deleted by a coordinate bench, the penalty ceases to exist. Therefore, the penalty imposed under section 271(1)(c) needs to be reversed.

What were the facts?

The assessee's appeal was against the confirmation of a penalty under section 271(1)(c) by the CIT(A). The penalty was imposed based on additions/disallowances made in the quantum assessment.

What were the issues?

Whether penalty under section 271(1)(c) can be sustained when the underlying additions giving rise to the penalty have been deleted.

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, “ D ” BENCH, AHMEDABAD

Before: SHRI S.S. GODARA & SHRI PRADIP KUMAR KEDIA

Hearing: 07/11/2017

PER PRADIP KUMAR KEDIA - AM: The captioned appeal filed at the instance of the assessee is against the order of the Commissioner of Income Tax(Appeals)-VIII, Ahmedabad [CIT(A) in short] dated 24/04/2015 in the matter of assessment order under s.143(3) of the Income Tax Act, 1961 (hereinafter referred to as "the Act") dated 30/12/2010 relevant to Assessment Year (AY) 2008-09. Vedprakash Devikinandan Chiripal vs. ACIT Asst.Year – 2008-09

2.

The assessee is aggrieved by the order of the CIT(A), whereby penalty under s.271(1)(c) of the Act amounting to Rs.18,90,950/- made by the Assessing Officer (AO) was confirmed by the CIT(A).

3.

With the assistance of the Ld.AR for the assessee, we find that the additions/disallowances made in the quantum assessment giving rise to the imposition of penalty in appeal has been reversed by the Coordinate Bench of Tribunal in ITA No.838/Ahd/2013 in assessee’s own case vide order dated 21/10/2016. Hence, in view of the fact that quantum additions/disallowances itself stands deleted, the edifice for imposition of consequent penalty ceases to exist and does not survive any more. Hence, penalty imposed by the Revenue under s.271(1)(c) of the Act requires to be reversed.

4.

In the result, appeal of the assessee is allowed. This Order pronounced in Open Court on 10 / 11 /2017 (एस.एस.गोदारा) ("द"प कुमार के"डया) "या"यक सद"य लेखा सद"य Ahmedabad; Dated 10/ 11 /2017 ट".सी.नायर, व."न.स./T.C. NAIR, Sr. PS Asst.Year – 2008-09 आदेश क" ""त"ल"प अ"े"षत/Copy of the Order forwarded to : 1. अपीलाथ" / The Appellant

2.

""यथ" / The Respondent. 3. संबं"धत आयकर आयु"त / Concerned CIT 4. आयकर आयु"त(अपील) / The CIT(A)-Ahmedabad-5 "वभागीय ""त"न"ध, आयकर अपील"य अ"धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 5. 6. गाड" फाईल / Guard file. आदेशानुसार/ BY ORDER, स"या"पत ""त ////

उप/सहायक पंजीकार (Dy./Asstt.

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