Income-tax Officer, Ward-1, Navsari v. M/s. Dhirubhai Kanjibhai Patel (HUF)
[Citation -2016-LL-0930-180]
| Citation | 2016-LL-0930-180 |
|---|---|
| Appellant Name | Income-tax Officer, Ward-1, Navsari |
| Respondent Name | M/s. Dhirubhai Kanjibhai Patel (HUF) |
| Court | ITAT-Ahmedabad |
| Relevant Act | Income-tax |
| Date of Order | 30/09/2016 |
| Assessment Year | 2006-07 |
| Judgment | View Judgment |
| Keyword Tags | quantum appeal |
| Bot Summary: | The roots for the levy of penalty lie in the assessment order dated 30.12.2008 made u/s. The quantum addition travelled up to the Tribunal and the Tribunal vide order dated 30.08.2013 in ITA No. 1745/Ahd/2010 has allowed the appeal in favour of the assessee by accepting the gains from sale of plots under the head capital gains. The First Appellate Authority deleted the penalty so levied on the strength of the findings of the Tribunal. In the statement of facts filed by the revenue, the revenue has taken a stand that though the quantum appeal has been decided in favour of the assessee. 260A before the Hon ble Gujarat High Court against the quantum appeal. In our understanding, this cannot be any ground for filing the appeal before the Tribunal, since; the quantum additions have been deleted. Appeal filed by the Revenue is accordingly dismissed. |