SANJEEV DHAWAN,NEW DELHI vs. ITO, WARD- 47(3), NEW DELHI

The appeal filed by assessee is against order of CIT(A)- 16, New Delhi, dated 13/10/2017 relating to assessment year 2010-11.

The issue raised in the present appeal is against the levy of penalty u/s 271(1)(c) of the Income Tax Act, 1961 (hereinafter ‘the Act’).

The Ld. AR for the assessee pointed out that the issue of quantum addition has been set-aside to the file of the Assessing Officer by the Tribunal and consequently the penalty appeal do not survive.

The Ld. DR for the Revenue opposed the contentions of the assessee.

We have heard the rival contentions and perused the record. The issue on merits has been set-aside to the file of the Assessing Officer, consequently, we remit the issue of levy of penalty u/s 271(1)(c) of the Act back to the file of the Assessing Officer.

In the result, appeal filed by the assessee is allowed.