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Income Tax Appellate Tribunal, DEHRADUN CIRCUIT BENCH, DEHRADUN
Before: SHRI SAKTIJIT DEY, VICE- & SHRI M. BALAGANESH
& 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.
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.
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.
In the result, appeals are allowed.