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Facts
The assessee filed appeals against the orders of the CIT(A) which upheld penalties levied under section 271(1)(c) of the Income Tax Act for furnishing inaccurate particulars. These penalties were imposed as a consequence of assessment orders passed under section 143(3) for Assessment Years 2012-13 to 2014-15.
Held
The Tribunal noted that a Co-ordinate Bench had previously deleted the quantum additions in the assessee's own case for the same assessment years. Since the penalty orders were directly consequential to these deleted quantum additions, the Tribunal held that the impugned penalty orders could not be sustained and were thereby quashed.
Key Issues
Whether penalties levied under section 271(1)(c) can be sustained when the underlying quantum additions, upon which the penalty was based, have been deleted by a Co-ordinate Bench of the Tribunal.
Sections Cited
271(1)(c), 143(3)
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Income Tax Appellate Tribunal, DELHI BENCH: ‘E’ NEW DELHI
Before: SH. PRADIP KUMAR KEDIA & SHRI YOGESH KUMAR U.S.
by the assessee against the common order dated 27/09/2018 passed by the Learned Commissioner of Income Tax (Appeals)-1, [“Ld. CIT(A)”, for short], Noida for Assessment Years 2012-13 to 2014-15 respectively.
The Ld. Counsel for the assessee submitted that in all the above Appeals, the assessee challenged orders of the CIT(A), wherein the Ld. CIT(A) upheld the orders of the penalty passed u/s 271(1)(c) of the Income Tax Act 1961 (‘Act’ for short) for furnishing inaccurate particulars and the said penalty has been imposed consequence to the assessment orders passed u/s 143(3) of the Bench of the Tribunal in 4419/Del/2018 and 4420/Del/2018 (for A.Y 2012-13 to 2014-15) vide order dated 21/08/2024 in Assessee’s own case, deleted the quantum addition.
Therefore, submitted that since the order of penalty is consequential to the penalty order, in view of deletion of the addition, the order of the penalty will not sustain, therefore, sought for allowing the appeal.
Per contra, the Ld. Departmental Representative has not disputed the submission of the Assessee's Representative, however, relied on the orders of the Lower Authorities and sought for dismissal of the Appeal.
We have heard both the parties and perused the material available on record. Considering the fact that the Co-ordinate Bench of the Tribunal in the quantum Appeal, deleted the additions made against the assessee, the order of the penalty proceedings being consequential to the said additions, will not hereby quashed.
In the result, All the Appeals filed by the assessee are allowed.
Since we have allowed the captioned Appeals, the Stay Petitions filed along with the appeal rendered in-fructuous.
Order pronounced in the open court on 11th September, 2024.