RAMESH CHAND AND GROUP AOP,HARIDWAR vs. COMMISSIONER OF INCOME TAX, HARIDWAR
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 the penalty levied under Section 271(1)(c) has no basis as the quantum addition/disallowance itself, which formed the basis for the penalty, had already been reversed by the Tribunal in an earlier order.
What were the facts?
The assessee's appeal pertains to a penalty levied under Section 271(1)(c) for the Assessment Year 2007-08. The penalty was imposed by the lower authorities.
What were the issues?
Whether a penalty under Section 271(1)(c) can sustain when the underlying addition or disallowance has been deleted by a higher appellate authority.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DEHRADUN BENCH, DEHRADUN
Before: Sh. Satbeer Singh Godara & Sh. M. Balaganesh
Asstt. Year : 2007-08 Ramesh Chand and Group AOP, Vs CIT(A)/NFAC, New Mandir Lane, Main Bazar, Delhi Bhagwanpur, Tehsil Roorkee, Distt. Haridwar (APPELLANT) (RESPONDENT) PAN No. AABAR9603A Assessee by: Sh. Hemant Arora, CA & Sh. Pavitra Arora, CA Revenue by: Sh. A. S. Rana, Sr. DR Date of Hearing: 17.03.2025 Date of Pronouncement: 23.04.2025 ORDER Per Satbeer Singh Godara, Judicial Member:
This assessee’s appeal for Assessment Year 2007-08, arises against the CIT(A)/NFAC, Delhi’s DIN & order No. ITBA/NFAC/S/250/2023-24/1058782356(1) dated 15.12.2023, 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 during the course of hearing that so far as the assessee’s sole substantive ground seeking to reverse both the lower authorities respective findings levying section 271(1)(c) penalty is concerned, the same hardly requires our detailed adjudication as the tribunal’s earlier order dated 11.08.2017 in
This clinching factual position has gone un-rebutted from the Revenue side. That being the case, we are of the considered view that the impugned penalty has got no legs to stand once the quantum addition has been deleted by the tribunal. The impugned penalty also follows the suit in very terms.
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