Bishan Singh Chouhan & Others , Noida vs Assessee

By the present appeals, the assessee assails the correctness of the orders dated 23.11.2012 passed by CIT(A), Noida pertaining to 1993-94 & 1994-95 assessment years whereby the penalty imposed by the AO amounting to Rs.2,36,091/- and Rs.1,38,100/- respectively u/s 271(1)(C) has been upheld.

2. The Ld. AR at the time of hearing stated that the Tribunal has quashed the assessments in the quantum order for both the years as such the penalty order deserve to be quashed. Copy of the consolidated order in ITA No.-4588 & 4589/Del/2007 dated 31.03.2014 for the relevant assessment years was filed in support of the arguments. Inviting attention to the penalty order and the assessment order dated 24.08.2006, it was submitted that penalty proceedings have been initiated against these orders. The Ld. Sr. DR considering the orders of the Co-ordinate Bench and the dates referred to in the assessment order for both the years and reference made thereto in the penalty orders also in both the years placed reliance on the penalty order.

I.T.A .No.-4121 & 4122/Del/2013

3. We have heard the rival submissions and perused the material available on record. It is seen that let alone the addition the entire assessments for the two years under consideration were quashed by the consolidated order passed by the Co-ordinate Bench. In view thereof, we hold that in the peculiar facts and circumstances of the case, the impugned orders in both the years deserve to set aside and the penalty orders in both the years deserve to be quashed. Ordered accordingly. The said order was pronounced in the open Court in the presence of the parties.

4. In the result, the appeals of the assessee are allowed.

The order is pronounced in the open court on 22nd of May 2015.

Sd/- Sd/- (J.S.REDDY) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER

Dated: 22/05/2015 *Amit Kumar*

Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI

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