RISHI BANSAL,DEHRADUN vs. DCIT, CENTRAL CIRCLE, DEHRADUN

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ITA 118/DDN/2019Status: DisposedITAT Dehradun20 June 2023AY 2012-132 pages

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

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that since the additions, which formed the basis for the penalties, had been deleted in the quantum appeals, the penalties could not survive. Consequently, the penalties were deleted.

What were the facts?

The assessee appealed against penalties imposed under sections 271(1)(c) and 271AAA of the Income-tax Act for AY 2012-13 and 2013-14. The penalties were based on additions made by the Assessing Officer.

What were the issues?

Whether penalties imposed under sections 271(1)(c) and 271AAA can be sustained when the underlying additions leading to the penalties have been deleted.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 271AAA

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DEHRADUN CIRCUIT BENCH, DEHRADUN

Before: SHRI SAKTIJIT DEY, VICE- & SHRI M. BALAGANESH

Hearing: 20.06.2023Pronounced: 20.06.2023

& 119/Del/2019 Assessment Years: 2012-13 & 2013-14 Rishi Bansal, 132, Doon Palm Versus DCIT, Central Circle, City, Pathri Bagh, Dehradun. Dehradun. PAN: AKVPB7754R (Appellant) (Respondent) Assessee by : Sh. Rajesh Gupta, C.A. Revenue by : Sh. A.S. Rana, Sr. DR. Date of hearing : 20.06.2023 Date of pronouncement: 20.06.2023 ORDER Captioned appeals by the assessee arise out of two separate orders of learned Commissioner of Income-tax (Appeals)-IV Kanpur confirming penalty imposed u/s. 271(1)(c) and 271AAA of the Income-tax Act, 1961, respectively, pertaining to assessment years 2012-13 and 2013-14.

2.

At the outset, learned counsel appearing for the assessee submitted that the additions, based on which, the Assessing Officer imposed penalty under section 271(1)(c) and 271AAA of the Act, respectively, for the assessment years 2012-13 and 2013-14, in the meanwhile, have been deleted by the Tribunal, while deciding the quantum appeals. In this context, learned counsel placed on record order dated 29.04.2022 passed by the Tribunal in & 4846/Del/2016. Learned Departmental Representative fairly agreed with the aforesaid submissions of the assessee.

3.

Having considered rival submissions, we find, the additions based on which the Assessing Officer has imposed penalty under section 271(1)(c) and 271AAA of the Act in the respective assessment years, in the meanwhile, have been fully deleted by the Tribunal in the order referred to above. That being the case, the penalties imposed cannot survive. Accordingly, we delete the penalty imposed in both the assessment years under dispute.

4.

In the result, appeals are allowed.

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