MANALI EXIM INTERNATIONAL,NEW DELHI vs. ACIT, CIRCLE-35(1), NEW DELHI

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ITA 8204/DEL/2018Status: DisposedITAT Delhi09 December 2021AY 2006-074 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal restored the penalty issue to the CIT(A) for fresh adjudication. The CIT(A) is directed to decide the penalty under Section 271(1)(c) after deciding the quantum additions.

What were the facts?

The assessee filed three appeals against penalty orders under Section 271(1)(c) for assessment years 2006-07, 2007-08, and 2009-10. The quantum appeals for two of these years had been restored to the CIT(A).

What were the issues?

Whether penalty under Section 271(1)(c) can be decided before the final determination of quantum additions. The issue of penalty is consequential to the quantum additions.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI ‘E’ BENCH,

Before: SHRI AAKASH DEEP JAIN & SHRI N.K. BILLAIYA

For Appellant: Shri Pratap Gupta, CA
For Respondent: Ms. Alka Gautam Sr. DR
Hearing: 09.12.2021Pronounced: 09.12.2021

Heard together (3 matters)

ITA No. 8204/DEL/2018
ITA No. 8205/DEL/2018
ITA No. 8206/DEL/2018

Read from the judgment's own cause title. This page is filed under one of them.

PER N.K. BILLAIYA, ACCOUNTANT MEMBER:

1.

The above captioned three separate appeals by the assessee are preferred against the order of the Commissioner of Income Tax [Appeals]- 12, New Delhi pertaining to A.Ys 2006-07, 2007-08 and 2009-10.

2.

All the three appeals relate to the levy of penalty u/s 271(1)(c) of the Income-tax Act, 1961 [hereinafter referred to as 'The Act'].

3, We find that this Tribunal in & 799/DEL/2016 for Assessment Years 2006-07 and 2009-10 has restored the quantum appeals to the to the file of the ld. CITA.

3.

Considering the fact that the quantum additions have been set aside to the file of the ld. CIT(A), we deem it proper to restore the issue relating to levy of penalty u/s 271(1)(c) of the Act to be decided afresh after deciding the quantum additions. Therefore, all the three appeals are restored to the file of the ld. CIT(A) with the direction to decide the levy of penalty u/s 271(1)(c) of the Act after deciding the quantum additions.

4.

In the result, the appeals of the assessee in 8205 and 8206/DEL/2018 are allowed for statistical purposes.

The order is pronounced in the open court on 09.12.2021.

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