Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, MUMBAI BENCH “A”, MUMBAI
Before: SHRI G.S.PANNU & SHRI JOGINDER SINGH
The captioned appeal by the assessee is directed against the order of CIT(A)-39, Mumbai dated 27/11/2013, which in turn has arisen from the order passed by the DCIT-39 dated 12/02/2013 under section 271AAA of the Income Tax Act, 1961 (in short ‘the Act’), pertaining to the Assessment Year 2009-10.
(Assessment Year : 2009-10) 2. In this appeal, the grievance of the Revenue is with respect to the decision of the CIT(Appeals) in deleting penalty levied under section 271AAA of the Act amounting to Rs.27,95,800/-.
At the time of hearing, the Ld. Representative for the respondent assessee pointed out that the CIT(Appeals) has deleted the penalty for the reason that the corresponding addition made in the quantum proceedings has since been deleted by the Tribunal vide its order in & Others dated 22/3/2013. A copy of the said order has been placed on record and it is further asserted that the order of the Tribunal continues to hold the field as it has not been altered by any higher authority. The said factual matrix has not been controverted by Ld. Departmental Representative for the Revenue .
As a consequence of the aforesaid fact-situation, we find no error on the part of the CIT(Appeals) in deleting the penalty under section 271AAA of the Act for the reason that corresponding addition made in the quantum assessment proceedings has already been deleted. Ostensibly, in such a situation, the penalty levied under section 271AAA of the Act does not survive and has been rightly deleted by the CIT(Appeals).
In the result, the appeal of the Revenue is dismissed.
Order pronounced in the open court on 16/03/2016