2024 (2) TMI 219

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...., Sr. DR ORDER Per Arun Khodpia, AM: The present appeal is directed against the order of Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC) dated 31.08.2022 for the assessment year 2009-10, which in turn has arisen from the order u/s 271(1)(c) of the I.T. Act, 1961 (In short 'The Act') by office of the Assistant Commissioner of Income Tax, Circle 1(1), Bi....

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....d with the decision of the Ld. CIT(A), when the matter is assailed before the ITAT, RAIPUR, the same has been decided in Favor of the assessee in ITA No. 148/RPR/2014 vide order dated 23.10.2018. When the assessment was framed on account of additions made, Ld. AO also proposed to initiate penalty proceedings u/s 271(1)(c). Accordingly, penalty order u/s 271(1)(c) was passed on 19.03.2015 and culmi....

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.... the Ld. CIT(A), at the time when Ld. CIT(A) decided the issue, i.e., on 31.08.2022 the quantum addition that was the foundation to impose the penalty u/s 271(1)(c) was already vacated by the coordinate bench of the tribunal, Raipur, on 23.10.2018 in ITA No. 148/RPR/2014. Therefore, a penalty on an addition/disallowance which is already vacated by the Tribunal cannot be sustained as per the settle....

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....der on ITAT in the case of the assessee herself in ITA no. 148/RPR/2014 for the A.Y. 2009-10, fairly admitted that the quantum of addition has been deleted by the tribunal in the said order, therefore the penalty can also be vacated; thus, it was a submission that the issue may be decided on the merits. 6. We have considered the rival submission, perused the material available on record, and th....