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Income Tax Appellate Tribunal, DELHI BENCH “SMC”, NEW DELHI
Before: SHRI R. K. PANDA
Assessee by : Shri Akhilesh Kumar, Adv. Department by : Shri Atiq Ahmed, Sr. DR Date of hearing : 02-08-2018 Date of pronouncement : 02-08-2018 O R D E R
PER R. K. PANDA, AM :
This appeal filed by the assessee is directed against the order dated 25.10.2017 of CIT(A), Ghaziabad relating to assessment year 2013-14.
The assessee in his grounds of appeal
has challenged the order of the ld. CIT(A) in confirming the penalty of Rs.5,28,298/- levied by the Assessing Officer u/s 271(1)(c) of the I.T. Act, 1961.
3. After hearing both the sides, I find the Assessing Officer had levied penalty of Rs.5,28,298/- on account of addition of Rs.17,09,702/- to the total income of the assessee on account of non-disclosure of salary received outside India from the foreign employer which was credited to the bank account of the assessee and which appeared in the form of 26AS statement. I find ld. CIT(A) sustained the penalty levied by the Assessing Officer. In the mean time, the Tribunal vide order dated 30.07.2018 has deleted the addition made by the Assessing Officer and upheld by the ld. CIT(A).
Therefore, the very basis on which the penalty was levied does not survive.
Accordingly, the penalty so levied by the Assessing Officer and upheld the ld. CIT(A) is cancelled.
In the result, the appeal filed by the assessee is allowed.
Order pronounced in the open Court at the time of hearing itself i.e. on this 02nd August, 2018.