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Income Tax Appellate Tribunal, DELHI BENCH: ‘F’ NEW DELHI
Before: SHRI SAKTIJIT DEY & DR. BRR KUMAR
ORDER PER SAKTIJIT DEY, JUDICIAL MEMBER: This is an appeal by the assessee against order dated 18.07.2019 of learned Commissioner (Appeals)-35, New Delhi, deleting the penalty imposed of Rs.53,72,061 under Section 271(1)(c) of the Income-Tax Act, 1961 for the assessment year 2011-12.
At the outset, learned authorized representative appearing for the assessee submitted, the addition based on which penalty under Section 271(1)(c) of the Act was imposed stands deleted in the quantum proceedings. Thus, he submitted the penalty imposed could not have survived.
Learned Departmental Representative relied upon the grounds raised.
We have considered the rival submissions and perused material available on record.
On a reading of paragraph 4.1 of the impugned order of learned Commissioner (Appeals), it becomes very much clear that based on the addition made in an assessment order passed under Section 144 of the Act, the Assessing Officer proceeded to impose penalty under Section 271(1)(c) of the Act. However, while deciding assessee’s appeal against the assessment order passed under Section 144 of the Act, learned Commissioner (Appeals) had deleted the additions made.
No material has been brought on record by the Revenue to demonstrate that the order passed by learned Commissioner (Appeals) in the quantum proceeding has been reversed. Thus, in absence of any subsisting addition, the penalty imposed under Section 271(1)(c) of the Act cannot survive. Therefore, we do not find any infirmity in the decision of learned Commissioner (Appeals). Ground raised is dismissed.
In the result, the appeal is dismissed.
Order pronounced in the open court on 28th June, 2022.