Income Tax Appellate Tribunal - Indore
The Dcit-2(1), Indore vs M/S. D & H Secheron Electrodes (P) Ltd., ... on 8 May, 2019
[ITA 373/Ind/2017]
[M/s. D&H Secheron Electrodes P Ltd., Indore]
आयकर अपील य अ धकरण, इ दौर यायपीठ, इ दौर
IN THE INCOME TAX APPELLATE TRIBUNAL
INDORE BENCH, INDORE
BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER
AND
SHRI MANISH BORAD, ACCOUNTANT MEMBER
ITA No.373/Ind/2017
Assessment Year: 2011-12
DCIT-2(1) M/s. D&H Secheron Electrodes
Indore बनाम/ P. Ltd.
44-46, Industrial Estate
Vs.
Kila Maidan
Indore
(Appellant) (Revenue )
P.A. No.AAACD6111E
Appellant by Shri V.J. Boricha, D.R.
Respondent by Shri S.N. Agrawal, C.A.
Date of Hearing: 02.05.2019
Date of Pronouncement: 08.05.2019
आदे श / O R D E R
PER KUL BHARAT, J.M:
This appeal by the revenue is directed against order of the CIT(A)-1, Indore pertaining to the assessment year [ITA 373/Ind/2017] [M/s. D&H Secheron Electrodes P Ltd., Indore] 2011-12. The solitary ground raised by the revenue reads as under:
"Whether on the facts and in the circumstances of the case the Ld. CIT(A) has erred in law by deleting the penalty of Rs.32,63,040/- levied by the A.O. u/s 271(1)(c) of the Act without appreciating the findings of the A.O."
2. At the outset, the Ld. Counsel for the assessee submitted that the revenue has come in appeal against deletion of penalty by the Ld. CIT(A). He submitted that the addition on the basis of which penalty was levied had already been deleted by the Tribunal in quantum appeal. Ld. D.R. conceded this fact that the addition has already been deleted on which penalty was levied. In view of the fact that the addition on the basis of which penalty was levied has already been deleted, hence we do not see any infirmity in the action deleting the penalty by the Ld. CIT(A). The ground raised by the revenue is dismissed. 2
[ITA 373/Ind/2017] [M/s. D&H Secheron Electrodes P Ltd., Indore]
3. In the result, the appeal filed by the revenue is dismissed.
Order was pronounced in the open court on 08.5.2019.
Sd/- Sd/- (MANISH BORAD) (KUL BHARAT) ACCOUNTANT MEMBER JUDICIALMEMBER Indore; दनांक Dated : 08/05/2019 VG/SPS
Copy to: Assessee/AO/Pr. CIT/ CIT (A)/ITAT (DR)/Guard file.
By order Assistant Registrar, Indore 3