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Income Tax Appellate Tribunal, DELHI BENCH “A”: NEW DELHI
O R D E R PER N.K. CHOUDHRY, J. M.: 1. The present appeal is preferred by the Assessee/Appellant herein against the order dated 30.03.2017 impugned herein passed by CIT-(A)-1, Noida (hereinafter called in short as the “ld. Commissioner”), u/s 250 of the Income-tax Act, 1961 (in short “the Act”) for Assessment Year 2011-12, whereby the ld. Commissioner imposed the penalty u/s 271(1)(c) of the Act, to the tune of Rs. 1,04,85,689/- @ 100% of the quantum of income determined by him.
In this case, assessment order dated 28.01.2014 was passed by the AO u/s 143(3) of the Act for the Assessment Year under consideration and total income of the Assessee was determined at Rs. 6,63,290/- as against the returned income of Rs. Nil.
Against the said assessmentorder, the Assessee preferred first appeal before the ld. Commissioner who vide order dated 30.03.2017 in appeal, enhanced the income of the Assessee to the tune of Rs. 1,04,85,689/- which was the gross receipt of the Assessee for the Assessment Year under consideration .
The ld. Commissioner also initiated the penalty proceedings u/s 271(1)(c) for furnishing of inaccurate particulars of income and concealment of particulars of income and ultimately while passing impugned order u/s 271(1)(c) of the Act, imposed the penalty of Rs. 1,04,85,689/- @ 100% of the quantum of income allegedly sought to be evaded as determined by him.
Aggrieved against the impugned order, the Assessee has preferred the instant appeal.
Heard the parties and perused the material available on record. At the outset, it was claimed by the ld.AR and not refuted by the Ld. DR that the Hon’ble Tribunal vide its order dated 31.03.2018 has allowed the Assessee’s quantum appeal no. against the order dated 30.03.2017 passed by the ld.Commissioner u/s 250 of the Act and deleted the addition on the basis of which the penalty was imposed by the Ld. Commissioner.
Since the addition on the basis of which penalty was levied, has already been deleted, the penalty cannot survive. Consequently, the penalty is deleted.
In the result, appeal of the Assessee stands allowed.