M/S. SCHLEICHER INDIA LTD.,NEW DELHI vs. ACIT, NEW DELHI

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ITA 1703/DEL/2017Status: DisposedITAT Delhi09 July 2019AY 2004-053 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that since the additions in the quantum appeal were deleted by the Tribunal in a previous order, the penalty levied based on those additions no longer stands. Consequently, the penalty was deleted.

What were the facts?

The assessee appealed against a penalty imposed under Section 271(1)(c) of the Income Tax Act. The penalty was levied based on additions made in the quantum appeal.

What were the issues?

Whether a penalty under Section 271(1)(c) can sustain when the underlying additions in the quantum appeal have been deleted.

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

Before: SHRI H.S. SIDHU & SHRI B.R.R. KUMAR

PER H.S. SIDHU, JM Assessee has filed this appeal against the impugned order dated 27.1.2017 passed by Ld. CIT(A)-27, New Delhi on the issue of penalty of Rs. 18,83,440/- made u/s. 271(1)(c) of the I.T. Act, 1961.

2.

Facts narrated by the revenue authorities are not disputed by both the parties, hence, the same are not repeated here for the sake of convenience.

3.

At the time of hearing, Ld. Counsel for the assessee submitted that in the quantum appeal, the additions have already been deleted by the Tribunal vide order dated 24.3.2017 in assessee’s own case in 6253/Del/2013 (AY 2004-05), hence, the penalty in dispute does not stand in the eyes of law and needs to be deleted and appeal of the assessee may accordingly be allowed.

4.

At the time of hearing, Ld. DR relied upon the orders of the authorities below.

5.

We have heard both the parties and perused the records especially the impugned order as well as the Tribunal’s order dated 24.3.2017 in Assessee’s own case. We find that the Tribunal in assessee’s own case in AY 2004-05 vide order dated 24.3.2017 has allowed the Assessee’s quantum Appeal, hence, the penalty in dispute in the present case, does not stand in the eyes of law. Therefore, we delete the penalty in dispute and allow the grounds of Assessee.

6.

In the result, the Appeal of the Assessee is allowed.

Order pronounced on this 9th day of July, 2019.

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