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Income Tax Appellate Tribunal, DELHI BENCH, ‘C’: NEW DELHI
Before: SHRI R.K. PANDA & MS. SUCHITRA KAMBLE
ORDER PER R.K. PANDA, AM, This appeal filed by the assessee is directed against the ex- parte order dated 13.07.2018 of the learned CIT(A)-3, Gurgaon, relating to Assessment Year 2013-14.
Levy of penalty of Rs.35,000/- u/s 271AAA of the Act is the only issue raised by the assessee in the grounds of appeal.
The Ld. Counsel for the assessee at the outset submitted that the Tribunal vide order dated 31.12.2019 in assessee’s own case for Assessment Year 2013-14 has deleted the quantum addition. Therefore, the penalty does not survive.
The Ld. DR, on the other hand, fairly conceded that the Tribunal has decided the issue in favour of the assessee.
In view of the above and considering the fact that the Tribunal has already deleted the addition in quantum appeal vide order dated 31.12.2019, the penalty does not survive. We, therefore, set-aside the order of the Ld. CIT(A) and direct the Assessing Officer to cancel the penalty. The grounds raised by the assessee are allowed.
In the result, the appeal filed by the assessee is allowed.
Order pronounced in the open court on 25/11/2021.