VOCATIONAL EDUCATION FOUNDATION,NOIDA vs. ITO, WARD - 3(1), NOIDA

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ITA 786/DEL/2018Status: DisposedITAT Delhi17 November 2021AY 2011-122 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that since the quantum additions, on which the penalties were levied, had been deleted by a coordinate bench, the penalties themselves did not survive. Consequently, the penalties were directed to be deleted.

What were the facts?

The assessee appealed against penalties levied under Section 271(1)(c) for multiple assessment years. The penalties were based on quantum additions made by the Assessing Officer.

What were the issues?

The primary issue was whether penalties under Section 271(1)(c) could be sustained when the underlying additions were deleted. The Tribunal considered the dependency of penalty on the quantum addition.

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 BENCH “F”: NEW DELHI

Before: SHRI PRASHANT MAHARISHI & SHRI K. NARSIMHA CHARRY

For Appellant: Shri Rasik Makkhar, CA
For Respondent: Shri T. Kipgen, CIT DR
Hearing: 17/11/2021Pronounced: 17/11/2021

PER BENCH

1.

These are the four appeals filed by the assessee against the consolidated order passed by the ld CIT(A)-1, Noida dated 25.09.2017 for Assessment Year 2007-08, 2009-10, 2011-12 and 2012-13 are against the confirmation of the penalty levied by the by the ld AO u/s 271(1)(c) of the Act.

2.

At the time of hearing the ld AR submitted that the quantum based on which the penalty has been levied has been dealt with by the coordinate bench in appeal Nos. 165 to 168/Del/2018 and ITA No. 6051/Del/2017 for the same assessment years. The coordinate bench has deleted the addition and allowed the appeal of the assessee. He also produced the copy of the order dated 06.10.2020. He therefore, submitted that the when the quantum additions are deleted the penalty appeals also do not survive and deserves to be allowed in favour of the assessee.

3.

The ld DR fairly agreed that the quantum additions have been deleted by the order dated 06.10.2021 by ITAT in the impugned assessment years.

4.

We have carefully considered the rival contentions and perused the orders of the lower authorities. In this case the quantum additions have been dealt with by the coordinate bench in ITA No. 165 to 168/Del/2018 and ITA No. 6051/Del/2017 for Assessment Year 2007-08, 2009-10, 2011-12 and 2012-13. As the quantum additions have been deleted on which the penalty have been levied u/s 271(1)(c) of the Act naturally penalty do not survive. In view of this, we reverse the orders of the lower authorities and direct the ld AO to delete the penalty u/s 271(1)(c) of the Act for all these four years.

5.

In the result, all these four appeals are allowed. Order pronounced in the open court on 17/11/2021. - - (K. NARSIMHA CHARRY) ACCOUNTANT MEMBER Dated: 17/11/2021 A K Keot

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