Ito W 7 5 Ludhiana v. Sh Harinder Singh Ludhiana

In The Income Tax Appellate Tribunal Division Bench A Chandigarh Before Ms Diva Singh Judicial Member And Shri B R R Kumar Accountant Member Ita No 1092 1093 Chd 2017 A Y 2006 07 2008 09 The Ito Vs Shri Harinder Singh Ward 7 5 S O Shri Ranjit Singh Ludhiana 76 M South City Ludhiana Pan No Bgcps 4376 Q Appellant Respondent Department By Smt Chander Kanta Sr Dr Assessee By Shri Sudhir Sehgal Date Of Hearing 14 11 2017 Date Of Pronouncement 13 12 2017 Order Per Diva Singh Jm The Present Appeals Have Been Filed By The Revenue Ass Ailing The Correctness Of The Consolidated Order Dated 13 04 2017 O F Cit Appeals 3 Ludhiana Pertaining To 2006 07 And 2008 09 Assessment Year Wherein The Penalty Imposed By The Ao Has Been Quashed 2 It Was A Common Stand Of The Parties Before The Ben Ch That Apart From The Difference In The Amounts The Revenue Has Raise D Identical Ground In Both The Appeals For Ready Reference Ground Of Appeal From Ita 1092 Chd 2017 Is Reproduced Hereunder I Whether Upon The Facts And Circumstances Of The Case The Ld Cit A Was Justified In Deleting The Penalty Imposed U S 271 1 C Of I T Act 1961 For The Assessment Year 2006 07 At Rs 31 76 8197 Rs 1 45 18 829 Without Examining The Facts That Quantum Appeal Of The Revenue Against The Order Passed U S 143 3 Of I T Act 1961 Is Pending Before The Honble Punjab And Haryana High Court 3 The Ld Ar Inviting Attention To The Consolidated Order Passed By The Itat In The Quantum Proceedings Dated 18 12 2015 Submitt Ed That The Additions Made In The Respective Assessment Years Were Deleted In Toto By The Aforesaid Order In Ita 505 506 Chd 2014 Specific Att Ention Was Invited To Paras 16 To 19 Wherein The Addition In 2006 07 Assessmen T Year Has Been Deleted And Para 24 Wherein The Addition In 200 8 09 Ita 1092 1093 Chd 2017 A Y 2006 07 2008 09 Page 2 Of 2 Assessment Year Has Been Deleted Accordingly Placing Reliance Upon The Same It Was His Submission That The Departmental Appeals May Be Dismissed 4 The Ld Sr Dr Placed Reliance Upon The Penalty Order T He Facts Were Not Disputed 5 We Have Heard The Rival Submissions And Perused The Order In The Facts As They Stand We Find No Infirmity In The Consolidated Order Passed Bythe Cit A The Fact That The Cit A Has Quashed The Pe Nalty Orders Is Evident From The Ground Raised By The Department Itself A Perusal Of The Impugned Order Shows That The Reason For Quashing The Penalty Orders Has Been The Fact That The Issue Has Been Decided In Favour Of The Ass Essee Vide Order Dated 22 01 2015 In Ita 200 2013 O M By The Honble Punjab Haryana High Court Which Has Affirmed The Order Of The Itat Accordingly Once The Additions Stand Deleted The Reven Ues Appeal In The Peculiar Facts And Circumstances Has No Merit The Appe Als Accordingly Are Dismissed Said Order Was Pronounced In The Open Cou Rt At The Time Of Hearing Itself In The Result Appeals Of The Revenue Are Dismissed Order Pronounced In The Open Court On 13 12 2017 Sd Sd B R R Kumar D Iva 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