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

IN THE INCOME TAX APPELLATE TRIBUNAL DEHRADUN CIRCUIT BENCH, DEHRADUN BEFORE SHRI SAKTIJIT DEY, VICE-PRESIDENT AND SHRI M. BALAGANESH, ACCOUNTANT MEMBER

ITA Nos. 118 & 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.

submitted that the additions, based on which, the Assessing Officer imposed penalty under section 271(1)(c) and 271AAA of the Act,

ITA Nos. 118 & 119/Del/2019

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 ITA No. 4845 &

4846/Del/2016. Learned Departmental Representative fairly agreed

with the aforesaid submissions of the assessee.

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.

Order pronounced in the open court on 20/06/2023. Sd/- Sd/- (M. BALAGANESH) (SAKTIJIT DEY) ACCOUNTANT MEMBER VICE-PRESIDENT

Dated: 20/06/2023 *aks/-

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