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Income Tax Appellate Tribunal, DELHI BENCH ‘C’, NEW DELHI
Before: SHRI AAKASH DEEP JAIN & DR. BRR KUMAR
Per Dr. B. R. R. Kumar, Accountant Member:
The present appeal has been filed by the assessee against the order of the ld. CIT(Appeals)-XXVI dated 23.07.2018.
Following grounds have been raised by the assessee: “1. The order of the Ld. Commissioner of Income Tax (A) is arbitrary, against law and facts on record.
2. The Ld. Commissioner of Income Tax (A) failed to consider that the impugned penalty order levying the penalty of Rs.1,58,800/- u/s 271(1)(c) is bad in law, unjustified, contrary to facts and law and without recording satisfaction as per law.
3. The Ld. Commissioner of Income Tax (A) has erred in not considering the fact that original assessment order passed u/s 153A/153C/143(3) of the Income Tax Act in 2 Kapil Sekhri pursuance to which penalty have been initiated/levied have been set aside by Hon’ble Income Tax Appellate Tribunal.”
The addition made on account of agriculture income of Rs.1,36,680/- has been deleted by the Tribunal in the case of the assessee in vide order dated 30.09.2021. Since, the penalty has been levied u/s 271(1)(c) on the same addition which stands deleted by the Co-ordinate Bench of the Tribunal, we hereby hold that the penalty levied be obliterated.
In the result, the appeal of the assessee is allowed.
Order Pronounced in the Open Court on 11/04/2022.