MRS. SUNITA TRIPATHI,NEW DELHI vs. CIT(A)- 1, NOIDA

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’).

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 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.