ACIT, NEW DELHI vs. SHRI RAKESH GUPTA (HUF), NEW DELHI

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ITA 462/DEL/2016Status: DisposedITAT Delhi22 September 2017AY 2007-083 pages

In favour of the assessee: the Revenue's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the addition in respect of which the penalty was imposed had been set aside and restored to the Assessing Officer for fresh adjudication. Therefore, the deletion of penalty by the CIT(A) was upheld.

What were the facts?

The Revenue appealed against the deletion of penalty imposed under Section 271(1)(c) by the Assessing Officer. The assessee did not appear for the hearing.

What were the issues?

Whether penalty under Section 271(1)(c) can be sustained when the underlying addition has been set aside and restored for fresh assessment.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCHES: ‘B’, NEW DELHI

Before: SHRI P.K. BANSAL & SHRI AMIT SHUKLA

PER P.K. BANSAL, VICE PRESIDENT

1.

This appeal has been filed by the Revenue against the order of Ld. CIT(A)-17, New Delhi dated 12.11.2015 deleting penalty imposed on the assessee u/s 271(1)(c) of the Income Tax Act, 1961 (the Act). None appeared on behalf of the assessee even though notice was sent. We therefore decided to dispose of the appeal after hearing the Ld. D.R.

2.

After hearing the Ld.DR and going through the orders of the authorities below we noted that in the case of the assessee for the impugned Assessment Year this Tribunal in ITA 1496/Del/2014 vide order dt.

Rakesh Gupta (HUF), New Delhi. 7.4.2016 set aside the addition in respect of which the penalty has been imposed by the Assessing Officer and restored it to the file of the Assessing Officer for deciding the same afresh under the law after giving reasonable opportunity of being heard to the assessee. Since the addition in respect of which the penalty has been levied by the Assessing Officer has been set aside by this Tribunal and restored to the file of the Assessing Officer, therefore, we do not find any illegality or infirmity in the order of Ld. CIT(A) in deleting the penalty levied on the assessee u/s 271(1)(c) of the Income Tax Act, 1961.

3.

In the result the appeal filed by the Revenue stands dismissed. Pronounced in the Open Court on 22.09.2017.

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