SHREE BANKEY BIHARI EDUCATIONAL SOCIETY,GHAZIABAD vs. JCIT, GHAZIABAD

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ITA 1474/DEL/2015Status: DisposedITAT Delhi15 October 2018AY 2007-083 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 noted that the quantum addition of Rs. 15 lakhs had been deleted in a separate appeal. Since the addition was deleted, the penalty levied on it had no basis.

What were the facts?

The Assessing Officer made an addition of Rs. 15 lakhs on account of anonymous donation under section 68. A penalty under section 271(1)(c) was levied on this addition and confirmed by the CIT(A).

What were the issues?

Whether penalty under section 271(1)(c) can be sustained when the primary addition on which it was levied has been deleted.

Which sections of the Income-tax Act were involved?

Section 68,Section 271(1)(c)

AI-generated summary — verify with the full judgment below

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

Before: SHRI BHAVNESH SAINI & SHRI PRASHANT MAHARISHI

For Appellant: Shri Arun Kumar, Advocate
For Respondent: Shri Ved Prakash Mishra, Sr. D.R
Hearing: 15.10.2018Pronounced: 15.10.2018

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

1.

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).

3.

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.

4.

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.

5.

In the result, appeal of Assessee is allowed.

Order pronounced in the open court.

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