RAKHI PARIHAR,NOIDA vs. ITO, WARD-1(3), NOIDA

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ITA 5223/DEL/2019Status: DisposedITAT Delhi07 July 2020AY 2009-103 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?

Since the quantum addition, which formed the basis for the penalty, was deleted by the Tribunal, no penalty is leviable. The Tribunal set aside the orders of the lower authorities and cancelled the penalty.

What were the facts?

The Assessing Officer made an addition to the assessee's income due to a difference in gross receipts reported and as per Form 26AS. The CIT(A) dismissed the assessee's appeal. Subsequently, the ITAT deleted the quantum addition.

What were the issues?

Whether penalty under Section 271(1)(c) can be levied when the underlying addition has been deleted by the appellate 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, DELHI BENCHES “SMC-2” : DELHI

Before: SHRI BHAVNESH SAINI

Hearing: 07.07.2020Pronounced: 07.07.2020

Shri Ved Jain, Advocate. Shri Ashish Goel, C.A. For Assessee : Ms. Surbhi Goyal, C.A. For Revenue : Shri R.K. Gupta, Sr. D.R. Date of Hearing : 07.07.2020 Date of Pronouncement : 07.07.2020 ORDER

This appeal by the Assessee has been directed against the Order of the Ld. CIT(A)-1, Noida, Dated 30.11.2018, for the A.Y. 2009-2010, challenging the levy of penalty under section 271(1)(c) of the I.T. Act, 1961.

2.

I have heard the Learned Representative of both the parties through video conferencing and perused the material available on record.

2 ITA.No.5223/Del./2019 Smt. Rakhi Parihar, Noida. U.P. 3. In this case assessee filed return of income showing income of Rs.3,47,910/-. The case was reopened on account of difference in gross receipts as shown in the return of income and as appearing in Form No.26AS. The A.O. after detailed discussion made addition on account of difference in gross receipts in a sum of Rs.3,60,364/-. The Ld. CIT(A) in the absence of assessee dismissed the appeal of assessee.

4.

Learned Counsel for the Assessee contended that assessee preferred appeal before ITAT, SMC-Bench, Delhi against the quantum addition and the Tribunal in ITA.No.1660/Del./2018 vide Order Dated 19.12.2018 had deleted the addition in question.

5.

After considering the submissions of both the parties, I am of the view that no penalty is levaible against the assessee. Since the quantum addition have been deleted by the Tribunal, therefore, nothing survive in favour of the Revenue so as to levy the penalty. I, therefore, set aside the Orders of the authorities below and cancel the penalty.

3 ITA.No.5223/Del./2019 Smt. Rakhi Parihar, Noida. U.P. 6. In the result, appeal of the Assessee allowed.

Order pronounced in the open Court.

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