ITO, WARD-10(2), NEW DELHI vs. GLITZ BUILDERS PVT. LTD., NEW DELHI
In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal upheld the order of the CIT(Appeals) deleting the penalty. This was because the quantum addition, which formed the basis for the penalty, had already been deleted by the ITAT in a prior order.
What were the facts?
The Revenue appealed against the deletion of penalty levied under Section 271(1)(c) of the Income Tax Act. The penalty was imposed based on certain additions made to the assessee's income.
What were the issues?
Whether a penalty under Section 271(1)(c) can survive if the underlying addition to income has been deleted.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘H’ : NEW DELHI
PER SHAMIM YAHYA, ACCOUNTANT MEMBER :
This appeal by the Revenue is directed against the order of the ld. CIT (Appeals)-30, New Delhi dated 04.01.2019 pertaining to the assessment year 2007-08.
In this appeal, Revenue has challenged the deletion of penalty levied under section 271(1)(c) of the Income-tax Act, 1961 (for short ‘the Act’) amounting to Rs.57,04,685/-. order dated 27.01.2021 in for AY 2007-08. Hence this penalty u/s 271(1)(c) levied with reference to those additions does not survive. Ld. DR of the Revenue could not rebut this proposition. Hence since quantum addition has been deleted, we uphold the order of the ld. CIT (A) deleting the penalty u/s 271(1)(c) on those additions.
In the result, Revenue’s appeal is dismissed. Order pronounced in the open court on this 9th day of June, 2022.
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
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