INCOME TAX OFICER, WARD1(3), JALANDHAR vs. SH. RAJESH MAYUR, JALANDHAR
What did the Tribunal hold?
The Tribunal held that since the addition made by the Assessing Officer, which formed the basis for the penalty, was deleted by a previous Tribunal order, the penalty was not sustainable.
What were the facts?
The assessee declared Rs. 54 lac as income from other sources, claiming it was not taxable as a capital receipt. The Assessing Officer treated it as short-term capital gain and imposed a penalty.
What were the issues?
Whether penalty under Section 271(1)(c) can be sustained when the addition forming the basis of the penalty has been deleted.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR
Before: SHRI R.S. SYAL & SHRI N.K. CHOUDHRY
IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI N.K. CHOUDHRY, JUDICIAL MEMBER
ITA No.400/ASR/2017 Assessment Year : 2010-11 The Income-tax Officer, Vs. Shri Rajesh Mayor, Ward-1(3), M/s Mayor & Co., Jalandhar. G.T. Road, Jalandhar. PAN: ACGPM7469P (Appellants) (Respondents)
Assessee By : Shri Sandeep Vijh, CA Department By : Shri S.S. Negi
Date of Hearing : 19.02.2018 Date of Pronouncement : .02.2018
ORDER PER R.S. SYAL, VP: This appeal filed by the Revenue is directed against the order passed by the CIT(A) on 19.04.2017, deleting the penalty of
ITA No.400/ASR/2017
Rs.16,11,000/- imposed by the Assessing Officer u/s 271(1)(c) of the
Income-tax Act, 1961 (hereinafter also called ‘the Act’) in relation to the
Assessment Year 2010-11.
Briefly stated, the facts of the case are that the assessee declared
income of Rs.54 lac in his return under the head ‘Income from other
sources’, which was claimed as not chargeable to tax. On being called
upon to furnish the details of such income, the assessee submitted that
the same is in respect of damage/compensation in respect of the property
to be purchased for which the seller refused to have the registry done.
Relying on certain decisions, it was argued on behalf of the assessee that
the amount was not chargeable to tax, being a capital receipt. The
Assessing Officer made addition for the said sum by treating it as a
short-term capital gain and, thereafter, penalty was imposed with
reference to such addition. The ld. CIT(A) deleted the penalty. The
Revenue is aggrieved against the deletion of penalty.
Having heard both the sides and perused the relevant material on
record, it is observed that the quantum proceedings came up for
ITA No.400/ASR/2017
consideration before the Tribunal. The Tribunal vide its order, whose
relevant part has been reproduced in the impugned order, has deleted the
addition made by the Assessing Officer. Nothing has been brought on
record to demonstrate that such finding of the Tribunal has been
reversed or modified in any manner. In view of the fact that the bedrock
for the imposition of the penalty, being the addition of Rs.54 lac, ceases
to exist, in our considered opinion, the ld.CIT(A) cannot be faulted with
for deleting the penalty. We, therefore, countenance the impugned order
on this score.
In the result, the appeal is dismissed.
The order pronounced in the open court on 20.02.2018.
Sd/- Sd/-
[N.K. CHOUDHRY] [R.S. SYAL] JUDICIAL MEMBER VICE PRESIDENT
Dated, 20th February, 2018. dk
ITA No.400/ASR/2017
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 →- Mascot Constructions Co. And Another vs. The Commissioner Of Goods And Services Tax (GST) And AnotherBombay · 22 Oct 2026
- Ankil Jagdishchandra Kholwadwala vs. Union Of INDIA And AnrBombay · 22 Oct 2026
- Fasil Hussain Shah vs. Ut Of J And K Th Commissioner Secretary TO Government Finance Department And OthersJammu and Kashmir and Ladakh · 21 Oct 2026
- M/S. Devkinandan Traders vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- M/S Dixit Medical Agencies vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026