HARI KRISHNA MISHRA,BASTI vs. THE INCOME TAX OFFICER, , BASTI

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ITA 828/LKW/2025Status: DisposedITAT Lucknow13 February 2026AY 2017-18Bench: SHRI KUL BHARAT (Vice President), SHRI ANADEE NATH MISSHRA (Accountant Member)2 pages
AI SummaryAllowed for statistical purposes

What did the Tribunal hold?

The Tribunal noted that the quantum appeal concerning the Section 69A addition had been restored to the Assessing Officer for a *de novo* adjudication. As the penalty under Section 271AAC(1) is consequential to the quantum addition, the Tribunal similarly restored the penalty issue to the AO for a *de novo* order.

What were the facts?

The assessee's return of income was processed under Section 147, resulting in an addition of Rs. 16,32,000/- under Section 69A, and a consequential penalty under Section 271AAC(1). The Commissioner of Income Tax (Appeals) dismissed the assessee's appeal, upholding the penalty.

What were the issues?

Whether a penalty imposed under Section 271AAC(1) can be sustained when the underlying quantum addition under Section 69A, which formed the basis for the penalty, has been remitted to the Assessing Officer for fresh adjudication.

Which sections of the Income-tax Act were involved?

Section 147,Section 69A,Section 271AAC(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, LUCKNOW BENCH “B”, LUCKNOW

Before: SHRI KUL BHARAT & SHRI ANADEE NATH MISSHRA

For Appellant: Shri Rakesh Garg, Advocate

O R D E R (A) This appeal vide 2017-18 against impugned appellate order dated 30.09.2025 (DIN & Order No.ITBA/NFAC/S/250/2025- 26/1081353520(1) Commissioner of Income Tax (Appeals) [“CIT(A)” for short] which is subject matter of the appeal pertain to levy of penalty u/s 271AAC(1) of the Income Tax Act, 1961 (“Act”, for short). (B) The facts of the case, in brief, are that the assessee is an individual and filed his return of income on 16/02/2021 declaring total income of Rs.2,09,890/-. The assessment was completed under section 147 of the Act determining the total income of the assessee at Rs.12,60,720/- by making addition of Rs.16,32,000/- u/s 69A of the Act. Being aggrieved, the assessee carried the matter in appeal before the learned CIT(A). Vide impugned appellate order dated 30/09/2025, the assessee’s appeal was dismissed by the learned CIT(A). Now the assessee is in appeal before the Income Tax Appellate Tribunal. (C) In this case, the quantum appeal of the assessee was decided vide order dated 05.02.2026 in in the case of Hari

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