BRIJ BALA,NEW DELHI vs. ITO, WARD-35(3), NEW DELHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that since the reassessment order, which was the basis for the penalty, was quashed, no penalty was leviable. Consequently, the penalty was cancelled.
What were the facts?
The Assessing Officer made an addition for unexplained investment in property and levied penalty. The assessee's appeal against the quantum addition was quashed by the ITAT because the reassessment proceedings were invalid.
What were the issues?
The primary issue was whether a penalty under Section 271(1)(c) could be levied when the underlying reassessment order was quashed. The validity of the reassessment proceedings was also a key consideration.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCHES “SMC”: DELHI
Before: SHRI BHAVNESH SAINI
This appeal by assessee has been directed against the order of Ld. CIT(Appeals)-12, New Delhi dated 16.07.2018 for AY 2007-08, challenging the levy of penalty u/s 271(1)(c) of the I.T. Act.
In this case, AO passed the assessment order u/s 143(3)/147 of the Act dated 31.03.2015 making an addition of 2 ITA.No.6735/Del./2018 Rs. 24,27,863/- on account of unexplained investment in purchase of property. The AO levied the penalty u/s 271(1)(c) of the Act. The Ld. CIT(A) dismissed the appeal of assessee.
Ld. Counsel for assessee submitted that assessee preferred appeal against quantum addition before ITAT ‘SMC’ Bench in for assessment year under appeal in which the Tribunal vide order dated 31.05.2019 quashed the reassessment proceedings. Copy of the order is placed on record and provided to the Ld. DR.
After hearing both sides, I am of the view that no penalty is leviable in the matter. Since, reassessment order which is the basis of levy of penalty has been quashed. Therefore, nothing survives in favour of the Department to levy the penalty.
I, accordingly, set aside the orders of the authorities below and cancel the penalty.
3 ITA.No.6735/Del./2018
In the result, appeal of assessee is allowed.
Order pronounced in the open Court.
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- 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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