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Income Tax Appellate Tribunal, DELHI BENCH: ‘E’ NEW DELHI
Before: SHRI SAKTIJIT DEY & SHRI ANADEE NATH MISSHRA
IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘E’ NEW DELHI
BEFORE SHRI SAKTIJIT DEY, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA,ACCOUNTANT MEMBER
ITA No.7920/Del/2019 Assessment Year: 2007-08 M/s. Lal Sai Estates Pvt. Vs. ITO, Ward – 15(1), Ltd., B-491, New Friends New Delhi. Colony, New Delhi PIN: 1100 65
PAN :AABCL0660M (Appellant) (Respondent)
Appellant by Shri S.K. Manjani, Advocates Respondent by Shri Dilip Singh Kothari, CIT (DR)
Date of hearing 14.06.2022 Date of pronouncement 28.06.2022 ORDER PER SAKTIJIT DEY, JUDICIAL MEMBER: This is an appeal by the assessee against order dated 13.08.2019
of learned Commissioner of Income-Tax (Appeals)-36, New Delhi,
confirming the penalty imposed of Rs.77,25,000 under Section
271(1)(c) of the Income-Tax Act,1961 for the assessment year 2007-
08.
2 ITA No.8145/Del./2019
At the time of hearing before us, learned counsel appearing for
the assessee submitted that substantive addition based on which the
penalty under Section 271(1)(c) of the Income-Tax Act,1961 was
imposed, in the meanwhile, has been deleted by the Tribunal.
On perusal of order dated 29.10.2018 passed in ITA No.5484,
5485, 5486/Del/2016, it is observed that while deciding the quantum
appeal, Tribunal has deleted the additions made by the assessing
officer.
That being the factual position emerging from material available
on record, penalty imposed under Section 271(1)(c) of the Act has to
be deleted, as, it cannot have any independence existence in absence
of the additions based on which it was imposed. Accordingly, penalty
imposed is deleted.
In the result, the appeal is allowed.
Order pronounced in the open court on 28th June, 2022. Sd/- Sd/- (ANADEE NATH MISSHRA) (SAKTIJIT DEY) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 28th June, 2022. Mohan Lal
3 ITA No.8145/Del./2019