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Income Tax Appellate Tribunal - Bangalore

Asst.C.I.T., Bellary vs Smt. Lakshmi Singh, Hospet on 12 May, 2017

                  IN THE INCOME TAX APPELLATE TRIBUNAL
                           BANGALORE BENCH " A "

     BEFORE SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER AND
                 SHRI VIJAY PAL RAO, JUDICIAL MEMBER

                          I.T.A. No.1002/Bang/2016
                         (Assessment Year : 2005-06)
 Asst. Commissioner of Income         Vs.   Smt. Lakshmi Singh,
 Tax,                                       Bus Owner, K.R. Road,
 Circle 1, Bellary.                         Ranipet, Hospet.
                                            PAN APJPS 3649K
              Appellant                               Respondent.


        Appellant By : Smt. Swapna Das, JCIT (DR) (ITAT)-2, Bengaluru.
        Respondent By : Shri K.G. Adarsha, C.A.

Date of Hearing : 11.05.2017.
Date of Pronouncement : 12.05.2017.

                                  O R D E R

Per Shri Vijay Pal Rao, J.M. :

This appeal by the revenue is directed against the order dt.12.02.2016 of Commissioner of Income Tax (Appeals) Panaji-2, arising from penalty levied under Section 271(1)(c) of the Income Tax Act, 1961 (in short 'the Act') for the Assessment Year 2005-06.

2. The revenue has raised the following grounds :

ITA No.1002/Bang/2016

3. We have heard the learned D.R. as well as learned A.R. and considered the relevant material on record. At the outset, we note that in the quantum appeal, the Tribunal deleted the addition made by the Assessing Officer in the assessment under Section 153C of the Act vide order dt.9.12.2014 in ITA No.113/PNJ/2014. Though the revenue challenged the said order of this Tribunal before the Hon'ble High Court however the Hon'ble jurisdictional High Court vide its decision dt.13.01.2017 has dismissed the appeal of the revenue and upheld the order of the Tribunal. The relevant part of decision of Hon'ble High Court in para 7 as under :

ITA No.1002/Bang/2016 4 ITA No.1002/Bang/2016

Since the quantum is no more in existent therefore the penalty levied under Section 271(1)(c) of the Act could not survive. Accordingly, we do not find any error or illegality in the order of CIT (Appeals) in deleting the penalty levied.

4. In the result, the appeal of the revenue is dismissed.

Order pronounced in the open court on 12th May, 2017.

                   Sd/-                                        Sd/-
          (ARUN KUMAR GARODIA)                          (VIJAY PAL RAO)
            Accountant Member                           Judicial Member
Bangalore,
Dt.12.05.2017.

*Reddy gp

Copy to :
             1    Appellant           4       CIT(A)
             2    Respondent          5       DR. ITAT, Bangalore
             3    CIT                 6       Guard File

                                                     Assistant Registrar
                                                 Income Tax Appellate Tribunal
                                                         Bangalore.