ACHLA MALHOTRA,DELHI vs. ITO, WARD-24(1), DELHI, DELHI
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
This assessee’s appeal for Assessment Year 2014-15, arises against the CIT(A)/NFAC, Delhi’s DIN & order No.
ITBA/NFAC/S/250/2024-25/1066964807(1) dated 24.07.2024 in proceedings u/s 271(1)(c) of the Income Tax Act, 1961 (in short
“the Act”).
Case called twice. None appears at the assessee’s behest. She is accordingly proceeded ex-parte.
Learned departmental representative vehemently argues during the course of hearing that both the lower authorities have rightly levied a penalty amount of Rs.10,11,966/- in assessee’s hands u/s 271(1)(c) of the Act after holding her to have concealed and furnished inaccurate particulars of income as the case may be. Achla Malhotra
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4. I have given my thoughtful consideration to the assessee’s pleadings and Revenue’s foregoing vehement contentions. The first and foremost clinching fact which emerges from the case file is that the assessee return filed u/s 148 of the Act herein stands duly accepted not resulting in any addition made in her hands. Be that as it may, the tribunal is of the considered view that once the learned lower authorities have failed to record any categorical finding about the assessee having either concealed or furnished inaccurate particulars of income in the given facts, I find no reason to sustain the impugned penalty and the same is directed to be deleted.
This assessee’s appeal is allowed. Order Pronounced in the Open Court on 23/01/2025. (Satbeer Singh Godara)
Judicial Member
Dated: 23/01/2025
*Subodh Kumar, Sr. PS*