INCOME-TAX OFFICER, WARD - 1,, SATARA vs. KARAD JANATA SAHAKARI BANK LTD,, SATARA
In the result, the appeal filed by the Revenue stands dismissed
ITA 2600/PUN/2017[2009-10]Status: DisposedITAT Pune18 Jan 2022AY 2009-10
Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita No.2600/Pun/2017 िनधा"रण वष" / Assessment Year: 2009-10 Ito, Ward- 1, Vs. Karad Janata Sahakari Bank Satara. Ltd., A/P. 100/101, Shivaji Nagar, Karad, Tal. Karad, Dist. Satara-415110. Pan : Aaaat7863R Appellant Respondent Revenue By : Shri M. G. Jasnani Assessee By Smt. Deepa Khare : Date Of Hearing : 18.01.2022 Date Of Pronouncement : 18.01.2022 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Revenue Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)- 4, Pune [‘Cit(A)’ For Short] Dated 08.05.2017 For The Assessment Year 2009-10. 2. The Revenue Raised The Following Grounds Of Appeal :- “1. On The Facts & In The Circumstances Of The Case, The Ld. C I T (A) Has Erred In Deleting The Penalty Of Rs. 59,00,884/- Levied U/S. 271(1)(C) Of The Act Holding That The Ao Was Not Able To Prove That Is A Fit Case For Imposition Of Penalty Either Under The Main Part Of Section U/S. 271(1)(C) Or Under The Deeming Provisions Of Explanation 1 To Section 271(1)(C) Of The Act.
For Respondent: Shri M. G. Jasnani
Section 143(3)Section 14ASection 271(1)(c)Section 3Section 36(1)(viia)
deeming provisions of explanation 1 to section 271(1)(c) of the Act.
2
2. On the facts and in the circumstances of the case, the Ld. CIT (A) has erred in deleting the penalty without appreciating the fact that the assessee has availed higher claim of deduction u/s 36(1)(viia) in the computation of income than as admissible