ACIT, CIRCLE-2(1)(2) INT. TAXATION, NEW DELHI vs. RAJIV KUMAR, NEW DELHI

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ITA 338/DEL/2022Status: DisposedITAT Delhi24 January 2023AY 2011-122 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal declined to interfere with the CIT(A)'s order as the Revenue could not provide any order reversing the decision in the quantum proceedings. Therefore, the penalty deletion was upheld.

What were the facts?

The Revenue appealed against the CIT(A)'s order which deleted the quantum addition. Consequently, the penalty levied under Section 271(1)(c) was also deleted by the CIT(A).

What were the issues?

Whether the penalty under Section 271(1)(c) can be sustained when the underlying quantum addition has been deleted and not reversed.

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, DELHIBENCH ‘D’, NEW DELHI

Before: Sh. Saktijit DeyDr. B. R. R. Kumar

Hearing: 10.11.2022Pronounced: 24.01.2023

Per Dr. B. R. R. Kumar, Accountant Member:

1.

The present appeal has been filed by the Revenue against the order of ld. CIT(A)-43, New Delhi dated 11.11.2021.

2.

It has been brought to our notice that the quantum addition stands deleted by the order of the ld. CIT(A) in CIT(A)- 43/10475/2019-20 and hence the ld. CIT(A) has deleted the penalty levied u/s 271(1)(c) of the Income Tax Act, 1961. Since, the revenue could not bring on record any order reversing the decision of the ld. CIT(A) in the quantum proceedings till today, we hereby decline to interfere with the order of the ld. CIT(A).

2 Rajiv Kumar 3. In the result, the appeal of the Revenue is dismissed. Order Pronounced in the Open Court on 24/01/2023.

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