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Income Tax Appellate Tribunal, DELHI BENCH ‘B’, NEW DELHI
Before: SH. N. K. BILLAIYA & SH.YOGESH KUMAR US
This appeal filed by the assessee is preferred against the order of the CIT(A)-31, New Delhi dated 29.04.2019 for A.Y. 2016-17.
The grievance of the assessee read as under :-
At the very outset the Counsel for the assessee drew our attention to the decision of this Tribunal in dated 16.06.2022 for A.Y. 2014-15 and pointed out that on the identical set of facts the penalty has been deleted by this Tribunal.
Per contra the DR could not bring any distinguishing decision in favour of the revenue.
We have carefully perused the orders of the authorities below. We find that the penalty order dated 15.01.2018 was a consolidated order for two assessment years i.e. A.Y.2014-15 and 2016-17. Since the underlying facts are identical in A.Y.2014-15 and 2016-17 the AO framed a common order levy of penalty u/s. 271C of the Act.
We find that this Tribunal in for A.Y. 2014-15 has deleted the impugned penalty. The relevant findings read as under :-
Respectfully following the findings of the coordinate Bench (supra) we direct the AO to delete the impugned penalty. The appeal filed by the assessee is allowed.
The order is pronounced in the open court on 23.06.2022.