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Income Tax Appellate Tribunal, DELHI BENCH: “SMC” NEW DELHI
Before: SHRI SATBEER SINGH GODARA
Date of hearing 14.05.2025 Date of pronouncement 14.05.2025 ORDER This assessee’s appeal for assessment year 2012-13, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and order no. ITBA/NFAC/S/250/2024-25/1071653383(1), dated 28.12.2024 involving proceedings under section 271(1)(c) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
Heard both the parties. Case file perused.
3. It emerges at the outset that going by the assessee’s third substantive ground herein, it has already succeeded in getting the corresponding quantum addition of Rs.78.90 lakhs representing its alleged unaccounted receipts, deleted in the appeal filed before the tribunal in (for AY: 2012-13) decided on 03.01.2024.
This being the clinching factual position, it is hereby concluded that the impugned consequential penalty under section 271(1)(c) of the Act has got no legs to stand. The same also follows the suit therefore. Deleted accordingly.