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Income Tax Appellate Tribunal, MUMBAI BENCHES “G”, MUMBAI
Before: Shri Amit Shukla, & Shri Ashwani Taneja
आदेश / O R D E R Per Amit Shukla (Judicial Member): This appeal has been filed by the assessee against the order of Ld. Commissioner of Income Tax (Appeals), Mumbai- 31 {(in short ‘CIT(A)’}, dated 27.08.2014 passed against penalty order u/s 271(1)(c) dated 24.06.2011 for the Assessment Year 2008-09.
Mrs. Jyoti Umesh Shetty 2 2. During the course of hearing, arguments were made by Shri Sanjay C. Shah, (AR) on behalf of the Assessee and by Shri Azghar Zain, Departmental Representative (Ld. DR) on behalf of the Revenue.
During the course of hearing it was submitted by the Ld. Counsel of the assessee that disallowance made in the assessment order on which impugned penalty was levied has been deleted in toto by the Hon’ble ITAT vide its order dated 30.10.2015 in ITA No.5505/Mum/2014.
3.1. Per contra Ld. DR did not oppose the factual submissions made by the Ld. Counsel.
3.2. We have gone through the aforesaid order of the Tribunal and find that disallowance made by the AO has been deleted by the Tribunal thus, as on date the basis of levy of penalty do not survive any more, and therefore, we do not find any justification to continue with the penalty. Under these circumstances the penalty levied by the AO is directed to be deleted. 4. In the result, this appeal filed by the assessee is allowed.
Order pronounced in the open court on 31st May , 2016.