9911796707
TMI Blog2009 (7) TMI 1265X X X X Extracts X X X X X X X X Extracts X X X X ..... INI , ACCOUNTANT MEMBER :- These are the appeals filed by the Assessee against the order of the ld.CIT(Appeals)-Gandhinagar, dated 26/03/2007 passed for Assessment Years 1996-97 & 1997-98. 2. The sole issue involved in these appeals is that the ld. CIT(Appeals) was not justified in confirming the order of the Assessing Officer levying penalty of ₹ 3,23,040/- in the Assessment Year 1996-97 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ticulars of income. 4. Similarly, in the Assessment Year 1997-98 the Assessing Officer made addition of ₹ 3,23,574/- on account of payments made for bogus purchases in Assessment Year 1995-96 and addition of ₹ 3,54,598/- on account of payments made for bogus purchases in Assessment Year 1996-97. In appeal, the ld. CIT(Appeals) confirmed the addition of ₹ 3,23,574/- and deleted t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 598/- in the assessment year 1996-97 and at page No.13 paragraph No. 12 of the order the Tribunal has deleted the additions of ₹ 4,50,000/- in the Assessment Year 1996-97 and ₹ 3,23,574/- in the Assessment Year 1997-98 made on account of payments for bogus purchases made in the Assessment Year 1995-96. Therefore, he submitted that penalty levied in Assessment Year 1996-97 was to be del ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te particulars of income by the assessee, so as to make the assessee liable to penalty under section 271(1)(c) of the Income Tax Act, 1961. 7. The Ld. Departmental Representative relied on the order of the ld. CIT(Appeals) . 8. We have heard the rival submissions and perused the orders of the lower authorities and the materials available on record. We find from the above undisputed facts that in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssment Year 1996-97 was deleted by the Tribunal in appeal filed by the assessee. Thus, the levy of penalty of ₹ 1,31,039/- made on this addition does not survive as the very basis of penalty does not survive after deletion of the addition by the Tribunal. We, therefore, set aside the order of the ld. CIT(Appeals) and delete the levy of penalty of ₹ 1,31,039/- made in Assessment Year 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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