M/S COSMIC NUTRACOS SOLUTIONS PRIVATE LIMITED ,DELHI vs. ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-5, DELHI, DELHI
What did the Tribunal hold?
The Tribunal held that the penalty appeal is consequential to the pending quantum appeal before the CIT(A). Therefore, the penalty appeal should also be kept pending.
What were the facts?
The assessee's appeal concerns a penalty levied under section 271AAB of the Income-tax Act, 1961. The lower authorities found that the assessee had concealed and furnished inaccurate particulars of taxable income.
What were the issues?
Whether the penalty appeal under Section 271AAB should be decided when the quantum appeal is still pending before the CIT(A).
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: ‘A’ NEW DELHI
Before: SHRI SATBEER SINGH GODARA & SHRI NAVEEN CHANDRA
IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘A’ NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI NAVEEN CHANDRA, ACCOUNTANT MEMBER ITA No.3404/Del/2026 Assessment Year: 2023-24 M/s. Cosmic Nutracos Vs. ACIT, Solutions Pvt Ltd., Central Circle-5, A-89, Okhla Phase-II, Delhi Tehkhand, Okhla Industrial Estate, Delhi - 110020 PAN: AADCC1133A (Appellant) (Respondent)
Assessee by Sh. Salil Kapoor, Adv. Ms. Ananaya Kapoor, Adv. Ms. Sakshi Rustagi, Adv. Department by Sh. Balkishan Gopal, Sr. DR Date of hearing 29.07.2026 Date of pronouncement 29.07.2026 ORDER PER SATBEER SINGH GODARA, JM This assessee’s appeal for assessment year 2023-24, arises against the Commissioner of Income Tax (Appeals)-24 [in short, the “CIT(A)”], New Delhi’s order dated 12.01.2026 passed in case No. CIT(A), Delhi-2410109/2022-23, involving proceedings under
ITA No.3404/Del/2026
section 271AAB of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). Heard both the parties. Case file perused. 2. It emerges during the course of hearing that both the lower authorities herein have that the assessee to have concealed as well as furnished inaccurate particulars of his taxable income. The Assessing Officer’s vide order dated 10.09.2025 levied the impugned section 271AAB(1A) penalty of Rs.12,94,670/- which has been upheld in the lower appellate discussion. 3. That being the case, both the parties inform us that the assessee’s quantum appeal is still pending before the CIT(A) for his appropriate adjudication u/s 250(6) of the Act. We are of the considered view that the assessee’s instant penalty appeal also deserves to follow suit in very terms being consequential in nature. Ordered accordingly. All other remaining issues are left open at this stage. 4. This assessee’s appeal is allowed for statistical purposes. Order pronounced in the open court on 29th July, 2026 Sd/- Sd/- (NAVEEN CHANDRA) (SATBEER SINGH GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 24th August, 2026. 2 | P a g e
ITA No.3404/Del/2026
RK/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi
3 | P a g e
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