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Income Tax Appellate Tribunal, DELHI BENCH “B” NEW DELHI
Before: SHRI CHALLA NAGENDRA PRASAD & SHRI M BALAGANESH
Assessee by Ms. Pallavi, CA Revenue by Shri Narendra S Jangpangi, CIT-DR सुनवाईक�तारीख/ Date of hearing: 22.08.2023 22.08.2023 उ�ोषणाक�तारीख/Pronouncement on आदेश /O R D E R PER C.N. PRASAD, J.M.
This appeal is filed by the assessee against the assessment order of Ld. Commissioner of Income Tax (Appeals)-IV, Kanpur dated 13.11.2018 for the AY 2008-09 in sustaining the penalty levied u/s 271(1)(c) of the Act.
The Ld. Counsel for the assessee, at the outset, submits that the additions/disallowances made in the assessment order based on which the penalty was levied has been deleted by the Tribunal in quantum appeal in dated 31.01.2023 and, therefore, the penalty order has no legs to stand. Copy of the order of the Tribunal is placed on record.
Ld. DR accepted the position that the Tribunal deleted the additions/disallowances made by the Assessing Officer in the assessment order based on which penalty u/s 271(1)(c) of the Act was levied.
We have heard rival submissions, perused the orders of the authorities below. We have also perused the order of the Tribunal in quantum proceedings in and observed that the addition made by the Assessing Officer has been deleted.
In the circumstances the penalty levied on the basis of the addition deleted by the Tribunal cannot survive. Thus, we set aside the penalty order passed u/s 271(1)(c) of the Act and allow the appeal of the assessee.
In the result, appeal of the assessee is allowed.
Order pronounced in the open court on 22.08.2023