SURENDER KUMAR YADAV,MAHENDERGARH vs. ITO, NARNAUL

The present appeal has been filed by the Revenue against the order dated 29.01.2013 passed by Ld.CIT(A)-XX, New Delhi for assessment year (A.Y.) 2002-03, wherein the first appellate authority had deleted the penalty levied by the Assessing Officer (A.O.) on the assessee u/s 271(1)(c ) of the Income Tax Act, 1961 (the Act).

After hearing rival contentions we find that the Delhi “I” Bench of the Tribunal in for Assessment Year 2002-03 and C.O.No.77/Del/2010 and ITA 178/Del/2010 for Assessment Year 2002-03 had resorted the entire matter to the file of the A.O. for denovo adjudication vide order dt. 31st October, 2014.

In view of the above we see no reason to interfere in this order of the Ld.CIT(A) for the reason that the penalty in question cannot survive, when 1 the quantum assessment itself has been restored to the A.O. by the Tribunal. Hence we dismiss this appeal by the Revenue for reasons other than those given by the Ld.CIT(A) in the impugned order.

In the result Revenue’s appeal is dismissed.