ACIT CIRCLE-2(2), NEW DELHI vs. ALCATEL LUCENT MANAGED SOLUTIONS INDIA PVT LTD, NEW DELHI
What did the Tribunal hold?
The Tribunal held that since the addition made by the AO, which formed the basis for the penalty, was deleted in the quantum appeal, the penalty order could not sustain. Therefore, the penalty was set aside.
What were the facts?
The Assessing Officer (AO) levied a penalty under Section 271(1)(c) on the assessee for a bad debt claim. The assessee appealed this penalty to the CIT(A).
What were the issues?
Whether penalty under Section 271(1)(c) can be sustained when the underlying addition has been deleted in quantum appeal. The nature of the bad debt claim as a colorable device was also questioned.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: ‘A’ NEW DELHI
Before: DR. B. R. R. KUMAR & SH. YOGESH KUMAR U.S.
ORDER PER YOGESH KUMAR U.S., JM
The assessee has preferred the present appeal challenging the order dated 31/01/2020 passed by the Ld.CIT(A)-16, Mumbai on the following grounds:-
“1. Whether on the facts and circumstances of the case, the Ld. CIT(A) erred in deleting penalty levied by the AO u/s 271(l)(c) of the Act amounting to Rs. 9,56,85,812/- by holding in its order that Ld. AO has not mentioned that assessee has filed improper details or wrong details, which is contrary to the facts highlighted by the AO in penalty order.
ACIT Vs. Alcatel Lucent Managed Solutions
Whether on the facts and circumstances of the case, the Ld. CIT(A) has erred in not appreciating the peculiar nature of facts of the case that penalty was levied by the AO on the disallowance made on account of bed debt claim of assessee, which was found to be nothing but same transactions and a methodlolgy of colorable device so as to reduce taxable income.”
2. The Ld. Counsel for the assessee at the outset submitted that the addition made in the assessment order by the Ld. A.O. which has been confirmed by the Ld.CIT(A) for the year under consideration has been deleted in the quantum appeal filed by the assessee in vide order dated 17/12/2019, the Ld. Counsel for the assessee has produced the copy of the same. Since the quantum appeal filed by the assessee has been allowed by deleting the addition, the penalty order and the order passed by the Ld.CIT (A) by confirming the penalty order will not sustain. Therefore, the impugned order passed by Ld.CIT (A) is set aside by deleting the penalty imposed on the assessee.
In the result, the appeal filed by the assessee is allowed.
More judgments on Section 271(1)(c)
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2370/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2369/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
Recent GST High Court judgments
Search GST case law →- M/S Utkal Suppliers,Ganjam vs. Assistant Commissioner Of CT And GST, Ganjam-I Circle,GanjamOrissa · 28 Oct 2026
- M/S Kotdwar Steel Limited vs. Office Of Hte Deputy CommissionerUttarakhand · 28 Oct 2026
- M/S Kotdwar Steel Limited vs. Office Of The Deputy CommissionerUttarakhand · 28 Oct 2026
- M/S Kotdwar Steel Limited vs. Office Of The Deputy CommissionerUttarakhand · 28 Oct 2026
- M/S Govindjee Dairy Milk Private Limited vs. Central Goods And Services TaxRajasthan · 27 Oct 2026