RANDEEP INVESTMENT PVT. LTD.,NEW DELHI vs. ITO, WARD- 21(1), NEW DELHI

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ITA 4463/DEL/2018Status: DisposedITAT Delhi11 August 2021AY 2006-073 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that since the related quantum appeal by the Revenue was dismissed and the assessee's cross-appeal was allowed, the penalty appeal had become infructuous.

What were the facts?

The assessee's appeal was against a penalty order confirmed by the CIT(A). The penalty arose from a quantum appeal for the same assessment year.

What were the issues?

Whether a penalty appeal becomes infructuous when the underlying quantum appeal is decided in favour of the assessee.

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 N.K. BILLAIYA

Hearing: 11.08.2021

आदेश /O R D E R PER MADHUMITA ROY, J.M. 1. The instant appeal filed by the assessee is directed against the order dated 25.04.2018 passed by the Ld. CIT(A)-7, New Delhi arising out of the order dated 20.03.2017 passed by the Ld. ITO, Ward 21(1), New Delhi u/s 271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for AY 2006-07, whereby and

1.

I.T.A.No.4463/Del/2018/A.Y.2006-07 whereunder the penalty to the tune of Rs. 9,51,900/- as levied by the Ld. Assessing Officer against the assessee has been confirmed.

2.

At the time of hearing of the instant appeal, the Ld. Counsel appearing for the assessee submitted before us that the quantum appeal preferred by the Revenue before the Ld. Tribunal against the order passed by the Ld. CIT(A) has been dismissed by and under the order dated 26.03.2019 in for AY 2006-

7.

The cross appeal preferred by the appellant being was also allowed by the said common order dated 26.03.2019 passed by the Ld. Tribunal. In that view of the matter, the penalty arising out of the quantum order has become infructuous. A copy of the said order dated 26.03.2019 has been placed on record before us by the appellant.

3.

Heard the parties perused the records including the order dated 26.03.2019 passed by the Co-ordinate Bench in and ITA No. 4000/Del/2015 for AY 2006-07 which supports the contention made by the Ld. AR.

I.T.A.No.4463/Del/2018/A.Y.2006-07

4.

Thus, having regard to the facts and circumstances of the case, we find the penalty appeal has become infructuous and hence, dismissed.

5.

In the result, the appeal filed by the assessee is allowed.

Order pronounced in the open court on 11/08/2021.

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