VINAYAK EDUCATIONAL SOCIETY,NOIDA vs. CIT(A)- 1, NOIDA

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ITA 545/DEL/2018Status: DisposedITAT Delhi20 December 2019AY 2010-112 pages
AI SummaryRemanded

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?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH, ‘G’, NEW DELHI

For Appellant: Ms. Sweety Kothari, C.A
Hearing: 19.12.2019Pronounced: 20.12.2019

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:

1.

The appeal filed by assessee is against order of CIT(A)-I, Noida, dated 27.09.2017 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 CIT(A) 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 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).

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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