THE DCIT(OSD)-1, CIRCLE-4, AHMEDABAD vs. M/S. MAAN PHARMACEUTICALS LTD., AHMEDABAD

PDF · subscribers
ITA 2116/AHD/2015Status: DisposedITAT Ahmedabad17 August 2017AY 2004-052 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal deleted the impugned penalty. Since the primary addition was deleted, the penalty levied on that addition was also deemed unsustainable.

What were the facts?

The Assessing Officer appealed against an order of the CIT(A) for AY 2004-05. The assessee pointed out that the related quantum addition, which formed the basis for the penalty, had already been deleted by the Tribunal.

What were the issues?

Whether penalty under Section 271(1)(c) can sustain when the primary addition on which it was levied has 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, AHMEDABAD SMC BENCH, AHMEDABAD

ITA No.2116/Ahd/2015 Assessment Year: 2004-05

IN THE INCOME TAX APPELLATE TRIBUNAL, AHMEDABAD SMC BENCH, AHMEDABAD [Coram : Pramod Kumar, Accountant Member] ITA No.2116/Ahd/2015 Assessment Year: 2004-05

Assistant Commissioner of Income Tax, Circle – 2(1)(2), Ahmedabad. …...…..………Appellant Vs. Maan Pharmaceuticals Limited, …………….Respondent 506, Samedh, Near Associated Petrol Pump, C.G. Road Ahmedabad – 380 006. [PAN : AAACM 9899 E] Appearances by : Vimal I. Mehta for the appellant Ashish B. Shah for the respondent Date of concluding the hearing : 14.08.2017 Date of Pronouncing the order : 17.08.2017 O R D E R

1.

This appeal filed by the Assessing Officer is directed against the order dated 30.04.2015, passed by the learned CIT(A)-2, Ahmedabad, for the assessment year 2004-05.

2.

When this appeal was called out for hearing, learned Counsel for the assessee invited our attention to the fact that the related quantum addition itself, vide order dated 22.08.2014 passed by this Tribunal, stands deleted. In this view of the matter, the learned Counsel for the assessee submits, this penalty should also be deleted.

ITA No.2116/Ahd/2015 Assessment Year: 2004-05

3.

Learned Departmental Representative does not oppose the prayer so made by the assessee.

4.

In view of the above discussion, we deem it fit and proper to delete the impugned penalty. Ordered, accordingly.

5.

In the result, appeal is dismissed. Pronounced in the open court today on the 17th day of August, 2017. Sd/- Pramod Kumar (Accountant Member) Dated: Ahmedabad, the 17th day of August, 2017. PBN/*

Copies to: (1) The appellant (2) The respondent (3) CIT (4) CIT(A) (5) DR (6) Guard File

By order Assistant Registrar Income Tax Appellant Tribunal Ahmedabad Benches, Ahmedabad

More judgments on Section 271(1)(c)

All 25,141 judgments and leading authorities on Section 271(1)(c) →

Recent GST High Court judgments

Search GST case law →