COMMISSIONER OF INCOME TAX - IV vs. SIR SHADI LAL

IN THE HIGH COURT OF DELHI AT NEW DELHI . 26.10.2010 . Present: Mr.N.P.Sahni, Advocate for the Appellant. . . + ITA No.1645/2010 . In this appeal validity of penalty imposed by the Assessing Officer under Section 271(1)(c) of the Income Tax Act is under question. The Income Tax Appellate Tribunal has deleted the penalty on the ground that the additions which were made by the Assessing Officer on the basis of which penalty proceedings were started itself stood deleted by the Income Tax Appellate Tribunal . The order of the ITAT was upheld by this Court in ITA No. 1057/2010 decided on 05.08.2010 when the assessee succeeded quantum appeal itself and there are no additions, question of imposing of penalty would not arise. This appeal is accordingly, dismissed. . A.K. SIKRI, J. . . . SURESH KAIT, J. OCTOBER 26, 2010 hk . . . . . #13 .