9911796707
TMI Blog2022 (4) TMI 613X X X X Extracts X X X X X X X X Extracts X X X X ..... ahul Chaudhary, Judicial Member 1. This is an appeal filed by the Revenue against the order dated 04.01.2021 passed by the Commissioner of Income Tax (Appeals)-47, Mumbai (hereinafter referred to as ['CIT(A)'] in appeal [CIT(A)-47/10025/17-18] deleting the penalty levied by the Assessing Officer (AO) under section 271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'). 2. Revenue has raised the following grounds of appeal: 1. Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) without going into the merits of the case has directed the AO to delete the penalty levied u/s. 271(1)(c) of the I.T. Act on the ground that the Hon'ble ITAT has held that the releva ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... void ab initio and therefore they allowed appeal of the assessee for the A.Y. 2009-10. For clarity the relevant observations of the Hon'ble ITAT are reproduced as under:- 1.1 From the facts and circumstances of the case, discussed above, it can be safely concluded that the AO has passed the original assessment order after taking into consideration each and every details furnished by the assessee in response to the notice issued or query raised by him during the course of assessment proceedings. It can further be concluded that the AO had no tangible material for forming the belief that the income of the assessee has escaped assessment. Hence, in our opinion, since the AO has initiated the re-assessment proceedings on the material ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled by the assessee for AY 09-10 is allowed. 7.2 Since the assessment order, on the basis of which impugned penalty has been levied is set aside by the Hon'ble ITAT and the relevant proceedings have been the ld. to be void ab initio, the penalty order dated 19.03.2019 becomes unsustainable in law and does not survive. Therefore the penalty levied by the AO is directed to be deleted. 5. The re-assessment proceedings under Section 147/148 of the Act have been held to be void-ab-initio and the additions made in quantum proceedings stand deleted. Penalty order has no legs to stand. We do not find any infirmity in the order, dated 04.01.2021, passed by the CIT(A) deleting penalty levied under Section 271(1)(c) of the Act. 6. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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