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

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ITA 443/DEL/2018Status: DisposedITAT Delhi20 December 2019AY 2010-112 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that since the quantum addition was set aside, the penalty appeal also did not survive. Consequently, the issue of penalty levy was remitted back to the Assessing Officer.

What were the facts?

The assessee filed an appeal against the penalty levied under Section 271(1)(c) of the Income Tax Act for the assessment year 2010-11. The original quantum addition had been set aside by the Tribunal to the Assessing Officer.

What were the issues?

Whether penalty under Section 271(1)(c) can survive when the underlying addition has been set aside. The consequence of setting aside the quantum addition on the penalty proceedings.

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

Before: MS. SUSHMA CHOWLA & Sh. N.K. BILLAIYA

For Appellant: Ms. Sweety Kothari, C.A
Hearing: 18.12.2019Pronounced: 20.12.2019

आदेश / ORDER आदेश आदेश आदेश

PER SUSHMA CHOWLA, JM:

1.

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

2.

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’).

3.

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.

4.

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

5.

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.

6.

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

Order pronounced in the open court on 20th day of December, 2019

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