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Income Tax Appellate Tribunal, DELHI BENCH : SMC : NEW DELHI
Before: SHRI R.K. PANDA
(Appellant) (Respondent) Assessee by : Ms Gunjan Jain, CA Revenue by : Shri Ramesh Kumar, Sr.DR Date of Hearing : 23.08.2021 Date of Pronouncement : 23.08.2021 ORDER
17th May, 2017 of the CIT(A)-30, New Delhi, relating to Assessment Year 2006-07. and 4959/Del/2017 are directed against the separate order of the CIT(A) dated 17th May, 2017 of the CIT(A) 30, New Delhi, relating to AYs 2008- 09 and 2007-08, respectively.
For the sake of convenience, all these three appeals were heard together and are being disposed of by this common order.
In all these three appeals, the assessees have challenged the order of the CIT(A) in confirming the penalty levied by the AO u/s 271(1)(c) of the Act, the details of which are as under:- Rs.4,07,880/- - Rs.45,900/- ITA No.4959/Del/2017 - Rs.40,040/-
These appeals were earlier dismissed for non-prosecution. Subsequently, the Tribunal, vide order dated 10th May, 2019, recalled its earlier orders, therefore, these are recalled matters.
At the time of hearing, the ld. Counsel for the assessee submitted that the quantum appeals have been restored by the Tribunal to the file of the AO for fresh adjudication, vide & 3780/Del/2014 and ITA No.3781 & 3786/Del/2014, order dated 4th May, 2018, copy of which is placed at the paper book. Since the quantum proceedings have been restored to the file of the AO for fresh adjudication, therefore, the penalty so levied by the AO and sustained by the CIT(A) 2 does not survive. However, the AO may initiate fresh penalty proceedings after completion of the assessment in the light of the direction of the Tribunal.