Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, DELHI BENCH: ‘G’, NEW DELHI
Before: SHRI BHAVNESH SAINI & SHRI PRASHANT MAHARISHI
Shree Bankey Bihari The JCIT, Range-2, Educational Society (Regd.) Income Tax Office, CGO N.H.24, Near Masuri Canal, vs. Complex-II, Hapur Road, Dasna Mauri, Ghaziabad. UP Ghaziabad. UP – 201 001. – 201 302.PAN AADTS4243G Appellant Respondent Assessee by : Shri Arun Kumar, Advocate Revenue by : Shri Ved Prakash Mishra, Sr. D.R. Date of Hearing : 15.10.2018 Date of Pronouncement : 15.10.2018 ORDER
PER BHAVNESH SAINI, JM
This appeal by Assessee has been directed against the Order of the Ld. CIT(A), Ghaziabad, Dated 31.12.2014, for the A.Y. 2007-2008, challenging the levy of penalty under section 271(1)(c.) of the I.T. Act, 1961.
2 ITA.No.1474/Del./2015 Shree Bankey Bihari Educational Society (Regd.) Ghaziabad, U.P. 2. In this case, A.O. made addition of Rs.15 lakhs on account of anonymous donation under section 68 of the I.T. Act, 1961. On the same addition, penalty levied under section 271(1)(c) of the I.T. Act, 1961, which was confirmed by the Ld. CIT(A).
Learned Counsel for the Assessee at the outset submitted that assessee preferred an appeal before the ITAT, G-Bench on quantum addition in ITA.No.2497/Del./2013 for A.Y. 2007-2008 which is decided by the Tribunal vide Order dated 03.08.2018 whereby the addition of Rs.15 lakhs have been deleted. Copy of the Order is placed on record and submitted to the Ld. D.R. who have not controverted the same.
After considering the submissions of both the parties, we are of the view that penalty is not levied in the matter. Since, quantum addition have been deleted, on which, penalty was levied, therefore, nothing survive in favour of the Revenue so as to levy penalty under section 271(1)(c) of the 3 ITA.No.1474/Del./2015 Shree Bankey Bihari Educational Society (Regd.) Ghaziabad, U.P. I.T. Act, 1961. We, accordingly, set aside the Orders of the authorities below and cancel the penalty.
In the result, appeal of Assessee is allowed.
Order pronounced in the open court.