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Income Tax Appellate Tribunal, NAGPUR “SMC” BENCH :NAGPUR [VIRTUAL HEARING]
Before: SHRI SATBEER SINGH GODARA
ORDER This assessee’s appeal for assessment year 2011-12, arises against the National Faceless Appeal Centre [in short the “NFAC”] Delhi’s Din and Order No. ITBA/NFAC/S/250/2023- 24/1054995289(1), dated 09.08.2023, involving proceedings u/s. 271(1)(c) of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties at length. Case file perused.
Coming to the assessee’s sole substantive grievance challenging the correctness of both the learned lower authorities action levying penalty u/s. 271(1)(c) of the Act of Rs.23,03,904/-, it emerges at the outset, that the same pertains to section 69C quantum addition of Rs.74.56 lakhs which now stands deleted in the CIT(A)-3, Nagpur’s Din and Order No.ITBA/APL/S/250/2023-
2 ITA.No.392/NAG/2023 24/1058438291(1), dated 04.12.2023 passed after the NFAC’s lower appellate order impugned herein.
Learned counsel has invited my attention to this quantum lower appellate order forming part of the case record. The Revenue is equally fair in not disputing these intervening developments. Faced with this situation, I hereby conclude that the impugned penalty has no legs to stand once the CIT(A) has deleted the corresponding quantum addition itself. Ordered accordingly.
This assessee’s appeal is allowed in above terms.
Order pronounced in the open Court on 25.04.2024.