VINAYAK EDUCATIONAL SOCIETY,NOIDA vs. CIT(A)- 1, NOIDA
What did the Tribunal hold?
The Tribunal noted that the issue on merits had been set-aside to the CIT(A). Consequently, the Tribunal remitted the issue of penalty levy back to the file of the CIT(A).
What were the facts?
The assessee's appeal was against the penalty levied under Section 271(1)(c) for the assessment year 2010-11. The assessee argued that the penalty appeal should not survive as the quantum addition issue was set-aside to the CIT(A).
What were the issues?
Whether the penalty under Section 271(1)(c) can survive when the quantum addition has been set-aside. The issue of penalty levy was remitted back to the CIT(A).
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
अपीऱाथी की ओर से / Appellant by : Ms. Sweety Kothari, C.A. प्रत्यथी की ओर से / Respondent by : Sh. S.S. Rana, Sr.DR सुनवाई की तारीख / घोषणा की तारीख / Date of Hearing: 19.12.2019 Date of Pronouncement: 20.12.2019 आदेश / ORDER
PER SUSHMA CHOWLA, JM:
The appeal filed by assessee is against order of CIT(A)-I, Noida, dated 27.09.2017 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 CIT(A) 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 CIT(A), consequently, we remit the issue of levy of penalty u/s 271(1)(c) of the Act back to the file of the CIT(A).
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
Recent GST High Court judgments
Search GST case law →- M/S New Sana Brick Field vs. Union Of INDIA And 4 OthersAllahabad · 21 Oct 2026
- M/S Shivam Tiles House vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- Vinay Singh vs. Union Of INDIAAllahabad · 21 Oct 2026
- M/S Aaradhyam Infrabuilders PVT LTD vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- M/S Shivam Tiles House vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026