GBS MARKETING PVT LTD.,DELHI vs. ITO,WARD-10(1), DELHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that since the primary addition for unexplained cash credits was already deleted by a co-ordinate bench, the penalty arising from it also cannot sustain. The Tribunal relied on the precedent set in K. C. Builders Vs. ACIT (2004).
What were the facts?
The assessee's appeal for AY 2008-09 arises from a penalty imposed under Section 271(1)(c) of the Income Tax Act, following an addition for unexplained cash credits. An earlier co-ordinate bench had deleted the quantum addition corresponding to this penalty.
What were the issues?
Whether a penalty under Section 271(1)(c) can sustain when the underlying quantum addition has been deleted by a co-ordinate bench?
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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- K.C. Builders & Anr. v. ACIT241 citing265 ITR 562 · 2004 · SC · Read judgment
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
ORDER This assessee’s appeal for Assessment Year 2008-09, arises against the CIT(A)/NFAC, Delhi’s DIN & order No. ITBA/NFAC/S/250/2024-25/1067767980(1) dated 20.08.2024, in proceedings u/s 271(1)(c) of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties at length. Case file perused.
It emerges at the outset that the earlier learned co- ordinate bench in assessee’s appeal decided on 07.03.2022 has already deleted the corresponding quantum addition of Rs.50,00,000/- representing section 68 unexplained cash credits and therefore, the impugned penalty
This assessee’s appeal is allowed. Order Pronounced in the Open Court on 07/01/2025.
More judgments on Section 271(1)(c)
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2370/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2369/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
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