RAMA DEVI MEMORIAL EDUCATIONAL SOCIETY,NOIDA vs. CIT(A)- 1, NOIDA

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ITA 3181/DEL/2018Status: DisposedITAT Delhi10 October 2018AY 2010-113 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 a previous order of the Tribunal had already set aside the CIT(A)'s order and deleted the entire addition. Therefore, the penalty levied on the now non-existent additions had no basis.

What were the facts?

The assessee society challenged a penalty levied by the CIT(A) on enhanced income. The CIT(A) had denied exemption under sections 11 and 12, enhanced the income, and subsequently levied penalty for concealment of income.

What were the issues?

Whether penalty under Section 271(1)(c) can survive when the underlying additions on which it was levied have been deleted by a higher appellate authority.

Which sections of the Income-tax Act were involved?

Section 11,Section 12,Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “SMC”, NEW DELHI

Before: SHRI R. K. PANDA

For Appellant: Shri Deepesh Garg, Adv
For Respondent: Shri D. S. Rawat, Sr. DR

Assessee by : Shri Deepesh Garg, Adv. Department by : Shri D. S. Rawat, Sr. DR Date of hearing : 10-10-2018 Date of pronouncement : 10-10-2018 O R D E R

PER R. K. PANDA, AM :

1.

This appeal filed by the assessee is directed against the order dated 25.09.2017 of the CIT(A)- 1, Noida relating to assessment year 2010-11.

2.

The assessee, in its various grounds of appeal

, has challenged the order of the ld. CIT(A) in levying the penalty of Rs.77,85,120/- u/s 271(1)(c) on the enhanced income of Rs.2,48,74,564/-.

3. The ld. counsel for the assessee submitted that the Assessing Officer in the instant case denied the claim of exemption u/s 11 and 12 and determined the total income of Rs.12,40,589/-.

4. In appeal, the ld. CIT(A) issued enhancement notice u/s 251(A) and determined the total income at Rs.2,61,15,153/- by making the addition of Rs.2,48,74,564/-. Subsequently, he issued penalty notice u/s 271(1)(c) at the time of disposal of the appeal for levy of penalty on the enhanced income. Rejecting the various explanations given by the assessee, the ld. CIT(A) levied

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