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Income Tax Appellate Tribunal, DELHI BENCH ‘F’, NEW DELHI
Before: SHRI R.S.SYAL & SMT. BEENA A. PILLAI
ORDER PER BEENA A PILLAI, JUDICIAL MEMBER Present appeal is filed by assessee for A.Y. 2009-10 against order dated 05.01.2015 of Ld.CIT(A)-XXVI, New Delhi.
At the outset, Ld.A.R. submitted that this Tribunal in vide order dated 13th June, 2016 passed for A.Y. 2009- 10, has deleted the addition based on which penalty has been levied. Further, Hon’ble Delhi High Court in ITA 803/2016 vide order dated 06th January, 2017 has upheld the order of this Tribunal dated 13.6.2016.
Ld.Sr.D.R. though supported the order of authorities below, could not controvert the orders passed by this Tribunal as well as by Hon’ble High
ITA 1811/Del/2015 A.Y.:2009-10 M/s Prime Infoways Pvt.Ltd. vs. DCIT, CC-17, N.Del. Court in assessee’s own case for the A.Y. under consideration in quantum addition. 4. In view of the above, penalty levied in the present appeal cannot be sustained. Accordingly grounds raised by assessee stands allowed.