VINOD TYAGI,GHAZIABAD vs. ITO, WARD-2(5), GHAZIABAD
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?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘G’, NEW DELHI
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”).
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.
Order pronounced in the open court on 20th day of December, 2019.
More judgments on Section 271(1)(c)
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2370/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2369/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
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