SH. SANJEEV MAHAJAN,NEW DELHI vs. DCIT, NEW DELHI

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ITA 2338/DEL/2014Status: DisposedITAT Delhi10 February 2017AY 2004-052 pages

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

AI SummaryAllowed

What did the Tribunal hold?

The Income Tax Appellate Tribunal (ITAT) had previously deleted the addition of Rs. 3,44,320/-. Consequently, the penalty levied on the basis of this addition cannot be sustained.

What were the facts?

The assessee's appeal concerns the assessment year 2004-05. The Assessing Officer levied a penalty under Section 271(1)(c) based on an addition of Rs. 3,44,320/-.

What were the issues?

Whether a penalty levied under Section 271(1)(c) can survive when the underlying addition has been deleted by the appellate authority.

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, IN THE INCOME TAX APPELLATE TRIBUNAL

Before: SHRI G.D. AGRAWALG.D. AGRAWAL & AND BEFORE SHRI G.D. AGRAWALG.D. AGRAWAL & AND SHRI KULDIP SINGH SHRI KULDIP SINGHSHRI KULDIP SINGH SHRI KULDIP SINGH

For Appellant: Shri Sumit Lal Chandani, Advocate
For Respondent: Shri Amrit Lal, Senior DR
Hearing: 31.01.2017Pronounced: 10.02.2017

PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP :- PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP This appeal by the assessee for the assessment year 2004-05 is directed against the order of learned CIT(A)-III, New Delhi dated 10th February, 2014.

2.

The only ground raised in this appeal by the assessee is against the levy of penalty of `1,06,878/- u/s 271(1)(c) of the Income-tax Act, 1961.

3.

At the time of hearing before us, it was pointed out by the learned counsel that the Assessing Officer had levied the penalty in respect of the addition of `3,44,320/-. The ITAT, on appeal, vide order dated 7th October, 2016 in has deleted the addition. Copy of the order has been filed before us.

2 ITA-2338/Del/2014

4.

Since the addition itself has been deleted, the penalty based upon such addition cannot survive. We, therefore, delete the penalty levied u/s 271(1)(c) of the Act.

5.

In the result, the appeal of the assessee is allowed. Decision pronounced in the open Court on 10.02.2017.

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