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Income Tax Appellate Tribunal, DIVISION BENCH ‘B’, CHANDIGARH
Before: MS. DIVA SINGH & MS. ANNAPURNA GUPTA
PER DIVA SINGH,JM
The present appeal has been filed by the assessee assailing the
correctness of the order dated 28.01.2015 of CIT(Appeals)-2 Chandigarh
pertaining to 2007-08 assessment years wherein the penalty imposed
upon the assessee has been upheld. .
The ld. AR inviting attention to order dated 05.01.2018 in the case of the assessee wherein the issues raised by the assessee and the Revenue in ITA 310/2012 and ITA 556/CHD/2012 have been restored back to the file of the AO. Accordingly, it was his prayer that the penalty order can not survive. The ld. CIT-DR considering the submissions and on going through the aforesaid order of the ITAT passed in the quantum proceedings in the year under consideration did not raise any objection opposing the submission made. 3. We have heard the rival submissions and perused the material on record. On consideration of the aforesaid order of the ITAT, the appeal of the assessee is allowed as the occasion to consider the imposition of
ITA 287/CHD/2015 A.Y. 2007-08 Page 2 of 2
penalty does not arise once the order on the basis of which penalty has been imposed itself is set aside. Said order was pronounced in the Open Court at the time of hearing itself. 4. In the result, the appeal of the assessee is allowed. Order pronounced in the Open Court on 20.03. 2018. Sd/- Sd/-
(ANNAPURNA GUPTA) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER
‘Poonam’ Copy to: 1. The Appellant 2. The Respondent 3. The CIT 4. The CIT(A) 5. The DR
Asstt. Registrar ITAT,Chandigarh.