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Income Tax Appellate Tribunal, DELHI BENCH “A”: NEW DELHI
Before: SHRI R.K.PANDA & SHRI N. K. CHOUDHRY
O R D E R PER N.K. CHOUDHRY, J. M.: 1. The Assessee has preferred the instant appeal against the order dated 06.09.2017 impugned herein passed by the ld. Commissioner of Income Tax (Appeals)-32 New Delhi (hereinafter referred to “Ld. Commissioner”) u/s 250 of the Income tax Act, 1961 (in short “the Act”), whereby the ld.Commissioner deleted the penalty of Rs. 8,00,54,270/- levied by the AO u/s 271(1)(c) of the Act. Page | 1
The Assessee is engaged in the business of maintenance and operation of air traffic and airports in India and had e-filed its return of income on dated 29.09.2013 by declaring total income of Rs. 20,70,60,40,090/- for the Assessment Year 2013-14 under consideration. The case of the Assessee was selected for scrutiny and resulted into additions on account of disallowances of Rs. 23,47,78,000/- qua unspent expenses towards CSR and Rs. 19,00,00,00/- qua unspent expenses towards Retired Medical Benefits and Benevolent Fund.
Against the said additions, the Assessee has preferred first appeal i.e. 2523/16-17 before the ld. Commissioner.
The AO also imposed the penalty of Rs. 8,00,54, 270/- being 100% of the tax on the basis of said additions/income sought to be evaded as alleged . 5. The Assessee against the levy of penalty also, preferred the first appeal before the ld. CIT(A) who vide impugned order dated 06.09.2017 deleted the penalty, against which the RevenueDepartment has preferred the instant appeal. 6. Heard the parties and perused the material available on record. It was claimed by Ld. AR and not refuted by the Ld. DR. that the Hon’ble Tribunalvide itsorder dated 01.09.2021 allowed the quantum appeal i.e. filed by the Assessee andremandedthe matter to the file of the ld. Commissioner for decision afresh, consequently the penalty also cannot survive.