TAKSHILA RETAIL PVT. LTD.,NEW DELHI vs. ACIT CIRCLE - 25(1), NEW DELHI

PDF · subscribers
ITA 7650/DEL/2019Status: DisposedITAT Delhi15 March 2023AY 2012-132 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the penalty appeal to the file of the CIT(A). The CIT(A) is directed to decide the penalty appeal after adjudicating the quantum appeal and providing the assessee with a proper opportunity to be heard.

What were the facts?

The assessee appealed against the CIT(A)'s order confirming a penalty of Rs. 7,96,53,037/- imposed under Section 271(1)(c). The quantum appeal for the same assessment year was previously set aside by the Tribunal.

What were the issues?

Whether the penalty under Section 271(1)(c) can be decided independently of the quantum appeal. The need to provide a fair hearing to the assessee.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘H’, NEW DELHI

Before: SH. N. K. BILLAIYA & SH. ANUBHAV SHARMA

For Respondent: Ms. Sapna Bhatia, CIT DR
Hearing: 15/03/2023Pronounced: 15/03/2023

PER N. K. BILLAIYA, AM:

1.

This appeal by the assessee is preferred against the order of the CIT(A)-9, New Delhi dated 15.07.2019 pertaining to A.Y.2012- 13.

2.

The solitary grievance of the assessee is that the CIT(A) erred in confirming the penalty of Rs.7,96,53,037/-imposed by the AO u/s. 271 (1) (c) of the Act.

3.

Before going into the merits of the appeal, it has been brought to the notice of the Bench that the quantum appeal has been set aside by the Tribunal vide order dated 28.04.2022 in to the files of the CIT(A).

4.

On this fact this appeal is also restored to the files of the CIT(A). The CIT(A) is directed to decide the appeal for the levy of penalty u/s.271 (1) (c) of the Act after deciding the quantum appeal and after affording a reasonable and sufficient opportunity of being heard to the assessee. 5. In the result, the appeal is allowed for statistical purpose. 6. Decision announced in the open court on 15.03.2023.

More judgments on Section 271(1)(c)

All 25,141 judgments and leading authorities on Section 271(1)(c) →

Latest GST High Court judgments

Search GST case law →