Loading judgment…
Facts
The assessee preferred two appeals against penalties for non-filing of return and failure to get accounts audited for AY 2013-14. The first appellate authority refused to admit the appeals due to an 18-month delay. The original assessment order, from which these penalties emanate, has been set aside.
Held
Since the quantum assessment has been set aside by the Tribunal, the penalty appeals also stand restored to the Assessing Officer for fresh consideration in light of the re-framed assessment.
Key Issues
Whether the penalty appeals are maintainable when the underlying assessment order has been set aside.
Sections Cited
271F, 271B
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH, AGRA
Before: HON’BLE SHRI SATBEER SINGH GODARA, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member)
Aggrieved by confirmation of penalty of Rs.5000/- u/s 271F for non- filing of return of income and another penalty of Rs.1,50,000/- u/s 271B for failure to get the accounts audited for Assessment Year (AY) 2013- 14, the assessee has preferred the captioned appeals. The first appellate authority has refused to admit the appeals for want of condonation of delay of 18 months vide impugned orders dated 07-08-2024. Another fact brought on record is that the quantum assessment from which the aforesaid penalties emanate has already been set aside by Tribunal to the file of Ld. AO for re-adjudication vide order dated 07-02-2025, a copy of which is on record.
Since the assessment has already been set aside by Tribunal to the file of Ld. AO for re-adjudication, both these penalty appeals also stand restored back to the file of Ld. AO for fresh consideration in the light of fresh assessment framed against the assessee. 3. Both the appeals stand allowed for statistical purposes. Order pronounced on 13th February, 2025.