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

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ITA 4391/DEL/2016Status: DisposedITAT Delhi02 January 2020AY 2011-123 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 quantum additions, which formed the basis for the penalty, had been set aside to the file of the CIT(A). Therefore, the issue of penalty levy was also set aside to the CIT(A).

What were the facts?

The assessee filed an appeal against a penalty levied under Section 271(1)(c) of the Income-tax Act. The penalty was based on quantum additions made to the assessee's income.

What were the issues?

Whether the penalty levied under Section 271(1)(c) is sustainable when the underlying quantum additions have been set aside. The issue of penalty levy consequent to the setting aside of quantum additions.

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 ‘G’, NEW DELHI

For Appellant: CA यथ क ओर से /
Hearing: 02.01.2020Pronounced: 02.01.2020

आदेश / ORDER

PER SUSHMA CHOWLA, JM

1.

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’).

2.

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).

3.

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.

4.

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).

5.

In the result, the appeal of assessee is allowed.

Order pronounced in the open court on 02nd January 2020.

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