VINOD TYAGI,GHAZIABAD vs. ITO, WARD-2(5), GHAZIABAD

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ITA 494/DEL/2018Status: DisposedITAT Delhi20 December 2019AY 2011-123 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that since the quantum addition issue was set aside, the penalty appeal also did not survive. Consequently, the penalty issue 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) for the assessment year 2011-12. The issue of quantum addition had been set aside to the Assessing Officer by the Tribunal.

What were the issues?

Whether the penalty under section 271(1)(c) can survive when the underlying addition has been set aside. The Tribunal decided to remit the penalty issue back to the Assessing Officer.

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: 19.12.2019Pronounced: 20.12.2019

आदेश आदेश / ORDER आदेश आदेश PER SUSHMA CHOWLA, JM: The appeal filed by assessee is against order of CIT(A)- Ghaziabad dated 03.11.2017 relating to assessment year 2011-12 against levy of penalty under section 271(1)(c) of the Income Tax Act, 1961 (in short “Act”).

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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