DCIT, CENTRAL CIRCLE- 4, NEW DELHI vs. ANAND PERSHAD JAISWAL, NEW DELHI

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ITA 5125/DEL/2019Status: DisposedITAT Delhi21 November 2022AY 2007-083 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted that the quantum appeals were set aside to the Assessing Officer. Consequently, the penalty orders would not survive. Therefore, the penalty appeals were set aside and restored to the Assessing Officer.

What were the facts?

The Revenue filed appeals against the deletion of penalty levied under section 271(1)(c) for AY 2006-07 and 2007-08. The assessee's counsel submitted that the quantum appeals were set aside by the Tribunal, rendering the penalty appeals infructuous.

What were the issues?

Whether penalty under Section 271(1)(c) can survive when the underlying quantum appeals have been set aside and restored to the Assessing Officer.

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, DELHI BENCH “H” NEW DELHI

Before: SHRI CHALLA NAGENDRA PRASAD & Dr. B.R.R. KUMAR

For Appellant: Shri Rajesh Kumar
For Respondent: Ms. Rajeshwari R
Hearing: 15.09.2022

आदेश / O R D E R PER C. N. PRASAD, J.M.

1.

These two appeals are filed by the Revenue against the common order of the Ld. Commissioner of Income Tax (Appeals)-23, New 1

I.T.A. Nos. 5124 & 5125/Del/2019 Delhi [hereinafter referred to CIT (Appeals)] dated 28.03.2019 in deleting the penalty levied under section 271(1)(c) of the Income Tax Act, 1961 (the Act) for the Assessment Years 2006-07 and 2007-08.

2.

At the outset, the ld. Counsel for the assessee submits that the quantum appeals and 3731/Del/2016 have been set aside by the Tribunal to the Assessing Officer by order dated 23.04.2021 and, therefore, these penalty appeals will not survive.

3.

The ld. DR submits that quantum appeals have been set aside to Assessing Officer by the Tribunal.

4.

Heard rival submissions perused the orders of the authorities below and the order of the Tribunal in assessee’s case in and 3731/Del/2016 dated 23.04.2021. We find that the quantum appeals have been set aside by the Tribunal to the Assessing Officer in which case the penalty orders will not survive. Thus, we set aside these penalty appeals and restore to the file of the Assessing Officer.

5.

In the result, appeals of the Revenue are allowed for statistical purpose.

Order pronounced in the open court on : 21/11/2022.

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