SHRI SURINDER ARJUN,AMRITSAR vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-1, AMRITSAR

PDF · subscribers
ITA 544/ASR/2018Status: DisposedITAT Amritsar15 May 2019AY 2005-062 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that since the basis for the penalty levy (the addition of Rs. 22,00,000/-) was deleted, the penalty itself does not survive. Therefore, the penalty order was set aside.

What were the facts?

The assessee's appeal was against the confirmation of a penalty levied under Section 271(1)(c) by the Assessing Officer. The penalty was based on an addition of Rs. 22,00,000/- which was later deleted by the Tribunal in a previous order for the same assessment year.

What were the issues?

Whether penalty under Section 271(1)(c) can be sustained when the addition on which it was based has been deleted by the Tribunal.

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, AMRITSAR BENCH, AMRITSAR

Before: Sh. N. S. Saini & Sh. N. K. Choudhry

Hearing: 14.05.2019Pronounced: 15.05.2019

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR Before Sh. N. S. Saini, Accountant Member And Sh. N. K. Choudhry, Judicial Member ITA No. 544/Asr./2018 : Asstt. Year : 2005-06 Surinder Arjun, Vs Dy. Commissioner of Income C/o S. S. Enterprises, Tax, Circle-I, 1717, Kucha Chaiju Misra, Amritsar Amritsar (APPELLANT) (RESPONDENT) PAN No. AEDPA6739F

Assessee by : Sh. Parveen Jain, Adv. Revenue by : Sh. Charan Dass, DR

Date of Hearing :14.05.2019 Date of Pronouncement : 15.05.2019

ORDER Per N. S. Saini, Accountant Member:

This is an appeal filed by the assessee against the order of Commissioner of Income Tax(Appeals)-1, Amritsar dated 23.02.2017.

2.

The sole issue involved in this appeal is that the Commissioner of Income Tax(Appeals) erred in confirming the order of the Assessing Officer in levying penalty u/s 271(1)(c) of the Income Tax Act of Rs.9,53,773/- on account of concealing the true nature of income and filing inaccurate particulars of income.

3.

At the outset, the Authorized Representative of the assessee filed before us a copy of the order of this Bench of the Tribunal in the case of the assessee itself dated

ITA No. 544/Asr./2018 2 Surinder Arjun 16.03.2018 for assessment year 2005-06 in ITA No. 67/Asr./2015 and submitted that the addition of loan of Rs.22,00,000/- was deleted by the Tribunal. Therefore, as the basis for the levy of penalty has gone, the penalty levied does not survive and hence should be deleted.

4.

The Departmental Representative could not controvert the submissions of the Authorized Representative of the assessee.

5.

In the above facts and circumstances of the case, as the very basis for the levy of penalty of Rs.9,53,773/- u/s 271(1)(c) of the Act does not survive after deletion of addition by the Tribunal, the penalty levied also does not survive. Hence, we set aside the order of the lower authorities and delete the levy of penalty of Rs.9,53,773/- u/s 271(1)(c) of the Act and allow the appeal of the assessee.

6.

In the result, the appeal of the assessee is allowed. (Order Pronounced in the Court on 15 th day of May 2019 at Amritsar)

Sd/- Sd/- (N. K. Choudhry) (N. S. Saini) Judicial Member Accountant Member

Dated: 15/05/2019 *Subodh* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT

ASSISTANT REGISTRAR

More judgments on Section 271(1)(c)

All 25,141 judgments and leading authorities on Section 271(1)(c) →

Recent GST High Court judgments

Search GST case law →