The Pr. Commissioner Of Income Tax-3, Pune v. Sanand Properties Pvt. Ltd

45. itxa 1542-17.doc Pradnya Bhogale IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 1542 OF 2017 The Pr. Commissioner of Income Tax-3, Pune ..Appellantvs.Sanand Properties Pvt. Ltd. ..Respondent ..Respondent …........ Mr. Tejveer Singh for Appellant.Mr. Atul K. Jasani for Respondent. …........ CORAM : NITIN JAMDAR &M.S.KARNIK, JJ. DATE : 8 JANUARY 2020 P.C.:- Heard learned counsel for the parties. 2.The Appeal pertains to the Assessment Year 2009- 2010. 3.The Appellant has raised the following question assubstantial question of law : (A)“Whether on the facts and in the circumstancesof the case and in law, the Hon’ble ITAT was justifiedin deleting the penalty levied by the Assessing Officeru/s 271(1)(c) of the Income Tax Act, ofRs.1,78,25,925/-.” 4.The Tribunal in the impugned order while disposingof the Appeal has observed as under :- “Since the very addition which is the basis for levy of penaltyhas been deleted by the Tribunal in the quantum appeal,therefore, the penalty does not survive. We, therefore, do notfind any infirmity in the order of CIT (A) cancelling thepenalty levied by the Assessing Officer u/s 271(1)(c) of theIncome Tax Act. Accordingly, the order of the CIT(A)cancelling the penalty is upheld and the grounds raised by theRevenue are dismissed.” 5.The learned counsel for the Respondent has placed onrecord a common order passed in Income Tax Appeal No.1837 of2014 and Income Tax Appeal No.1865 of 2014 dated 24 March,2017. He submits that the Appeals on merits (quantum) filed bythe Appellant-Revenue have been dismissed by this order.He submits that levy of the penalty no longer survives and theposition stated in the order passed by the Tribunal now standsconfirmed. The learned counsel for the Appellant is not in aposition to controvert the contention that the question of law nowno longer survives. 6.In the circumstances, the Appeal stands disposed of. (M.S.KARNIK, J.) (NITIN JAMDAR, J.)