ACIT 28(2), NAVI MUMBAI vs. KRUPA ANIL PATIL, NAVI MUMBAI

This appeal in A.Y.2009-10 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-26, Mumbai in appeal No.CIT-26/IT-112/2014-15 dated 23/11/2017 (ld. CIT(A) in short) in the matter of imposition of penalty u/s.271(1)(c) of the Income Tax Act, 1961.

The only issue to be decided in this appeal is as to whether the ld. CIT(A) was justified in deleting the penalty levied u/s.271(1)(c) of the Act Ms.Krupa Anil Patil in respect of quantum addition of Rs.83,79,000/-, in the facts and circumstances of the case.

None appeared on behalf of the assessee.

The ld. DR vehemently relied on the order of the ld. AO levying the penalty in respect of addition made in the sum of Rs.83,79,000/- towards transactions pertaining to land purchase. This Tribunal had deleted the quantum in the sum of Rs.83,79,000/- vide its order in dated 21/12/2016 for A.Y.2009-10 and we find that the ld. CIT(A) by placing reliance on the Tribunal decision in quantum appeal had deleted the penalty levied on such quantum. We do not find any infirmity in the said order of the ld. CIT(A) as once the quantum addition is deleted, the penalty on such addition does not survive. Accordingly, the grounds raised