ITO, NEW DELHI vs. SHRI LALIT KUMAR, NEW DELHI

PDF · subscribers
ITA 955/DEL/2017Status: DisposedITAT Delhi25 January 2021AY 2008-092 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal agreed with the CIT(A) that if the assessment is annulled, the penalty levied based on that assessment also does not survive. The Revenue did not dispute the annulment of the assessment.

What were the facts?

The Revenue appealed against an order of the CIT(A) which had annulled the assessment. The CIT(A) held that since the assessment was annulled, the penalty imposed did not survive.

What were the issues?

Whether a penalty can survive if the assessment on which it was based has been annulled. The validity of a penalty when the underlying assessment is deleted.

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: ‘D’ NEW DELHI

Before: SHRI O.P. KANT & SHRI K.N. CHARY

For Appellant: Ms. Amanpreet, Sr.DR
Hearing: 25.01.2021Pronounced: 25.01.2021

Date of hearing 25.01.2021 Date of pronouncement 25.01.2021 ORDER PER K.N. CHARY, JM:

Challenging the order dated 17.10.2016 in Appeal No. 344/2015-16 passed by the learned Commissioner of Income- Tax (Appeals)-19, New Delhi, in the case of Shri Lalit Kumar (assessee) for the assessment year 2008-09, Revenue preferred this appeal. 2. It could be seen from the record that the learned CIT(A) has recorded a finding that the assessment was annulled by him vide order dated 17.10.2016 in Appeal No. 343/2015-16 and, therefore, the penalty does not survive. There is no dispute by the Revenue as to the annulment of the assessment by the learned CIT(A) or that the very reason forming basis for the penalty stands deleted. We, therefore, do not find any illegality or infirmity in the findings of the learned CIT(A). The appeal of the Revenue stands dismissed.

3.

In the result, the appeal of the Revenue is dismissed. The above order is pronounced in the Open Court immediately after hearing over Virtual Court is complete on this day of 25th January, 2021.

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 →