SRI MANOJ KUMAR JAIN,KOLKATA vs I.T.O WD - 41(1),KOLKATA., KOLKATA

Income Tax Appellate Tribunal, KOLKATA ‘B’ BENCH, KOLKATA

Before: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

Per Shri P.M. Jagtap :- This appeal is preferred by the assessee against the order of ld. Commissioner of Income Tax (Appeals)-XXIV, Kolkata dated 21.01.2013 for the assessment year 2006-07, whereby he confirmed the penalty of Rs.82,37,347/- imposed by the Assessing Officer under section 271(1)(c) of the Income Tax Act, 1961 in respect of addition of Rs.2,45,62,196/- made to the total income of the assessee on account of unexplained cash credit.

We have heard the arguments of both the sides and also perused the relevant material available on record. As submitted by the ld. Counsel for the assessee, the issue relating to the addition made on account of unexplained cash credit was set aside by the Tribunal to the file of the ./2013 Assessment year: 2006-2007 Page 2 of 2 Assessing Officer vide its order dated 15.02.2013 passed in the quantum proceedings in and in the fresh assessment made by the Assessing Officer as per the direction of the Tribunal, the addition on account of unexplained cash credit has not only been repeated by the Assessing Officer but he has also initiated the penalty proceedings under section 271(1)(c) afresh. Consequently the penalty in question imposed by the Assessing Officer in pursuance of the order originally passed on 30.12.2008, which has been set aside by the Tribunal, does not survive having no legs to stand and the same is liable to be cancelled as agreed even by the ld. D.R. We, therefore, cancel the said penalty and allow this appeal of the assessee.

In the result, the appeal of the assessee is allowed.

SRI MANOJ KUMAR JAIN,KOLKATA vs. I.T.O WD - 41(1),KOLKATA., KOLKATA