SCAN HOLDINGS PVT. LTD.,NEW DELHI vs. ACIT CIRCLE-22(2), NEW DELHI

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ITA 9668/DEL/2019Status: DisposedITAT Delhi21 February 2020AY 2012-133 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?

The Tribunal noted that the additions leading to the penalty had already been deleted by the Tribunal in a prior order. Consequently, the impugned penalties were directed to be deleted.

What were the facts?

The assessee appealed against penalties levied under Section 271(1)(c) for assessment years 2007-08 and 2012-13. The penalties were upheld by the CIT(A).

What were the issues?

The primary issue was whether penalty under Section 271(1)(c) could be sustained when the underlying additions were deleted. The deletion of additions rendered the penalty unsustainable.

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 , ‘FRIDAY’ BENCH NEW DELHI

Before: HON’BLE MR. JUSTICE P.P. BHATT & HON’BLE G.S. PANNU

For Appellant: Shri S. Krishnan &, Shri V. Raja Kumar, Advocate
For Respondent: Shri P.S. Gautam, Sr. DR
Hearing: 21/02/2020Pronounced: 21/02/2020

Appellant by : Shri S. Krishnan & Shri V. Raja Kumar, Advocate Respondent by : Shri P.S. Gautam, Sr. DR Date of hearing : 21/02/2020 Date of pronouncement : 21/02/2020 ORDER PER MR. JUSTICE, P.P. BHATT, These two appeals filed by the assessee are against separate orders passed by CIT(A)-8, New Delhi, both dated 02/05/2009, relating to assessment years 2007-08 and 2012-13, against penalty levied under section 271(1)(c) of the Income Tax Act, 1961 (in short “the Act”).

2.

In these appeals, the solitary grievance of the assessee is arising from the action of the Assessing Officer in imposing penalty under section 271(1)(c) of the Act, amounting to Rs.33,600/- and Rs.64,800/- for assessment years 2007- 08 and 2012-13 respectively, which have since been upheld by the CIT(A).

3.

At the time of hearing, it was a common ground between the parties that the additions which have resulted in the imposing of penalty under section 271(1)(c) of the Act has since been deleted by the Tribunal vide its order in & 1464/Del/2017, dated 07/02/2020 for assessment years 2007-08 and 2012-13 respectively. As consequent of the above factual matrix, the impugned penalty levied under section 271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as "the Act") here is by directed to be deleted in both the captioned years. 4. Accordingly, the appeals of the assessee are allowed.

Above decision was pronounced in the open court in the presence of the both the parties at the conclusion of the hearing on 21/02/2020.

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