KAPIL SEKHRI,NEW DELHI vs. ACIT, CENTRAL CIRCLE- 15, NEW DELHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that since the addition on which the penalty was levied has been deleted by a co-ordinate bench, the penalty order is unsustainable. Therefore, the penalty levied is to be obliterated.
What were the facts?
The assessee's appeal was against a penalty order under Section 271(1)(c). The penalty was levied on an addition made on account of agriculture income. This addition had previously been deleted by the Tribunal in an earlier appeal.
What were the issues?
The primary issue was whether a penalty under Section 271(1)(c) could be sustained when the underlying addition on which it was based had been deleted by a higher appellate authority.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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.
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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