SRI NITIN RAMESH KASHALKAR,MUMBAI vs. ITO, WARD-3(1), THANE
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 original quantum assessment order, which formed the basis of the penalty, was set aside by a Coordinate Bench, the penalty could not independently survive. The penalty proceedings are consequential to the assessment.
What were the facts?
The assessee appealed against a penalty order under section 271(1)(c) for AY 2015-16. The penalty was levied based on the original quantum assessment.
What were the issues?
Whether a penalty order under Section 271(1)(c) can survive independently when the underlying assessment order has been set aside and restored for fresh adjudication.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘B’ BENCH
आदेश / O R D E R PER AMIT SHUKLA (J.M): The aforesaid appeal has been preferred by the assessee against the impugned order dated 27/11/2025 passed by the National Faceless Appeal Centre (NFAC), Delhi, arising out of the penalty proceedings initiated under section 271(1)(c) of the Income Tax Act, 1961 for the Assessment Year 2015-16.
2 ITA No.719/Mum/2026 Shri Nitin Ramesh Kashalkar 2. At the outset, it has been brought to our notice that the very quantum assessment, on the basis of which the impugned penalty has been levied, has already been set aside by the Coordinate Bench of the Tribunal vide order dated 06/04/2026 passed in ITA No.18/Mum/2026, restoring the matter back to the file of the Assessing Officer for fresh adjudication in accordance with law. Once the very substratum and foundation of the assessment order itself no longer survives in its present form and the entire issue has been restored back for fresh consideration, then any penalty levied consequentially upon such original assessment order cannot independently survive. The penalty proceedings under section 271(1)(c) are purely incidental and consequential to the assessment proceedings and once the assessment itself has been set aside, the superstructure of penalty built upon such assessment also collapses automatically.
Accordingly, in view of the aforesaid facts and circumstances, we hold that the impugned penalty order passed under section 271(1)(c) cannot be sustained at this stage. The same is therefore deleted.
In the result, appeal of the assessee is allowed.
Order pronounced on 15th May, 2026.
Sd/- Sd/- (PRABHASH SHANKAR) (AMIT SHUKLA) ACCOUNTANT MEMBER JUDICIAL MEMBER Mumbai; Dated 15/05/2026
3 ITA No.719/Mum/2026 Shri Nitin Ramesh Kashalkar KARUNA, sr.ps Copy of the Order forwarded to : 1. The Appellant 2. The Respondent. 3. CIT 4. DR, ITAT, Mumbai 5. Guard file. //True Copy// BY ORDER,
(Asstt. Registrar) ITAT, Mumbai
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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