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Income Tax Appellate Tribunal, DELHI BENCH ‘G’, NEW DELHI
आदेश / ORDER
PER SUSHMA CHOWLA, JM The present appeal filed by assessee is against order of CIT(A)-1, Noida dated 31.03.2016 relating to assessment year 2011-12 against the penalty levied under section 271(1)(c) of the Income-tax Act, 1961 (in short ‘the Act’).
ITA No.4391/Del/2016 Assessment Year 2011-12
The Ld.AR for the assessee at the outset pointed out that the present
appeal is against the penalty levied u/s 271(1)(c) of the Act. He further
pointed out that the issue in quantum appeal has been set aside to the file
of CIT(A).
The Ld. DR for the Revenue also fairly pointed out that the quantum
additions have been set aside to the file of CIT(A) by the Tribunal.
We have heard the rival contentions and perused the record. The
present appeal is against the penalty levied for concealment u/s 271(1)(c)
of the Act. The basis for the said penalty was the quantum addition made
in the hands of the assesse. The Tribunal in ITA No. 3639/Del/2016
relating to Assessment Year 2011-12 vide order dated 20.09.2019 has set
aside the issue on merits to the file of the CIT(A), who had enhanced the
income in the hands of the assessee. Consequent thereto, we set aside the
issue of levy of penalty u/s 271(1)(c) of the Act to the file of CIT(A).
In the result, the appeal of assessee is allowed.
Order pronounced in the open court on 02nd January 2020.
Sd/- Sd/-
(B.R.R.KUMAR) (SUSHMA CHOWLA) लेखा सद�य/ACCOUNTANT MEMBER �या�यक सद�य/JUDICIAL MEMBER
�द�ल� / �दनांक Dated : 02nd January, 2020. * Amit Kumar *
ITA No.4391/Del/2016 Assessment Year 2011-12
आदेश क� ��त�ल�प अ�े�षत/Copy of the Order is forwarded to : 1. अपीलाथ� / The Appellant 2. ��यथ� / The Respondent 3. आयकर आयु�त(अपील) / The CIT(A) 4. मु�य आयकर आयु�त / The Pr. CIT �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, �द�ल� / DR, ITAT, Delhi 5. 6. गाड� फाईल / Guard file.
आदेशानुसार/ BY ORDER,
स�या�पत ��त //True Copy//
सहायक रिज��ार, आयकर अपील�य अ�धकरण ,�द�ल� Assistant Registrar, ITAT, Delhi