Shri Jayesh Khodidas Patel, HUF,, Ahmedabad v. The Income Tax Officer, Ward-1(3)(3),, Ahmedabad

ITA 2281/AHD/2017 | 2012-2013
Pronouncement Date: 14-11-2019 | Result: Allowed

Appeal Details

RSA Number 228120514 RSA 2017
Assessee PAN AAGHP2756L
Bench Ahmedabad
Appeal Number ITA 2281/AHD/2017
Duration Of Justice 2 year(s) 1 month(s) 2 day(s)
Appellant Shri Jayesh Khodidas Patel, HUF,, Ahmedabad
Respondent The Income Tax Officer, Ward-1(3)(3),, Ahmedabad
Appeal Type Income Tax Appeal
Pronouncement Date 14-11-2019
Appeal Filed By Assessee
Order Result Allowed
Bench Allotted C
Tribunal Order Date 14-11-2019
Date Of Final Hearing 17-10-2019
Next Hearing Date 17-10-2019
Last Hearing Date 12-07-2019
First Hearing Date 12-07-2019
Assessment Year 2012-2013
Appeal Filed On 12-10-2017
Judgment Text
C IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH AHMEDABAD BEFORE SHRI PRADIP KUMAR KEDIA ACCOUNTANT MEMBER & SHRI MAHAVIR PRASAD JUDICIAL MEMBER ./ I.T.A. NOS. 2281 & 2282/AHD/2017 ( ASSESSMENT YEARS : 2012-13) I. JAYESH KHODIDAS PATEL HUF & II. DINESH KHODIDAS PATEL HUF 15/A GOKULNAGAR SOCIETY USMANPURA AHMEDABAD 380013 / VS. ITO WARD 1(3)(3) AHMEDABAD ./ ./ PAN/GIR NO. : AAGHP2756L ( APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : SHRI HEM CHHAJED A.R. / RESPONDENT BY : SHRI LALIT P. JAIN SR.D.R. DATE OF HEARING 17/10/2019 !'# / DATE OF PRONOUNCEMENT 14/11/2019 / O R D E R PER PRADIP KUMAR KEDIA - AM: THE CAPTIONED APPEALS HAVE BEEN FILED AT THE INSTAN CE OF THE TWO ASSESSEES AGAINST THE PENALTY ORDERS OF THE COMMISS IONER OF INCOME TAX (APPEALS)-10 AHMEDABAD (CIT(A) IN SHORT) DATED 20.09.2017 & 21.09.2017 U/S. 271(1)(C) OF THE INCOME TAX ACT 19 61; (THE ACT) CONCERNING ASSESSMENT YEAR 2012-13. 2. BOTH ASSESSEES BY WAY OF ITS GROUNDS OF APPEALS HAVE CHALLENGED THE ACTION OF THE CIT(A) IN CONFIRMING THE PEN ALTY UNDER S. 271(1)(C) OF THE ACT. ITA NOS. 2281 & 2282/AHD/17 [JAYESH & DINESH K. PATEL HUF VS. ITO] A.Y. 2012-13 - 2 - 3. WHEN THE MATTER WAS CALLED FOR HEARING THE LEAR NED AR FOR THE ASSESSEE SUBMITTED THAT THE QUANTUM ADDITIONS/DISAL LOWANCES GIVING RISE TO THE IMPOSITION OF PENALTY IN BOTH APPEALS HAVE BEEN REVERSED BY THE CO- ORDINATE BENCH OF TRIBUNAL IN ITA NO. 1062/AHD/2017 ORDER DATED 24.06.2019 (IN CASE OF SHRI JAYESH K. PATEL HUF) AN D IN ITA NO. 1061/AHD/2017 ORDER DATED 19.09.2019 (IN CASE OF DI NESH K. PATEL HUF) IN THE QUANTUM PROCEEDINGS. 4. IN VIEW OF THE FACT THAT THE QUANTUM ADDITIONS/D ISALLOWANCES ITSELF DOES NOT SURVIVE AND CEASES TO EXIST HAVING REGARD TO THE APPELLATE ORDER OF THE ITAT IN QUANTUM PROCEEDINGS THE VERY BASIS FOR IMPOSITION OF PENALTY UNDER S. 271(1)(C) DOES NOT SURVIVE ANY MORE. THER EFORE THE ACTION OF THE CIT(A) TOWARDS IMPOSING PENALTY IS SET ASIDE AND CA NCELLED. 5. IN THE RESULT BOTH THE APPEALS OF THE ASSESSEE ARE ALLOWED. SD/- SD/- (MAHAVIR PRASAD) (PRADIP KUMA R KEDIA) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: DATED 14/11/2019 TRUE COPY S. K. SINHA !'#' / COPY OF ORDER FORWARDED TO:- &. / REVENUE 2. / ASSESSEE (. )*+ / CONCERNED CIT 4. - / CIT (A) /. 012 33*+4 *+#4 56) / DR ITAT AHMEDABAD 7. 289 : / GUARD FILE. BY ORDER / 4 /5 *+#4 56) THIS ORDER PRONOUNCED IN OPEN COURT ON 14/11/201 9