ACIT, NEW DELHI vs. M/S. SAMPARK INDUSTRIES LTD., NEW DELHI

PDF · subscribers
ITA 5571/DEL/2013Status: DisposedITAT Delhi26 April 2016AY 2003-043 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the Revenue's appeal against the penalty deletion had become infructuous. This was because the underlying additions that led to the penalty were no longer valid after the quantum appeal was allowed for the assessee.

What were the facts?

The Revenue appealed against the deletion of a penalty levied under Section 271(1)(c). The assessee's counsel pointed out that the quantum appeal, on which the penalty was based, had already been decided in favor of the assessee.

What were the issues?

Whether an appeal against a penalty deletion is maintainable when the quantum appeal on which the penalty was based has been decided in favor of the assessee.

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, DELHI BENCH “F” NEW DELHI

Before: SHRI I.C. SUDHIR & SHRI O.P. KANT

For Appellant: Shri Sanjiv Kumar Tha, CA
For Respondent: Shri TRishpal Bedi, Sr. DR

ORDER

PER I.C. SUDHIR: JUDICIAL MEMBER Revenue has questioned first appellate order whereby the Learned CIT(Appeals) has deleted the penalty of Rs.44,29,597 levied under sec. 271(1)(c) of the Income-tax Act, 1961.

2.

During the course of hearing, the Learned AR pointed out that present appeal preferred by the Revenue questioning the deletion of penalty levied under sef. 271(1)© of the Income-tax Act, 1961 is not maintainable since in the meanwhile the quantum appeal on the basis of the additions questioned therein, penalty was levied has been allowed in favour of the assessee.

More judgments on Section 271(1)(c)

All 25,141 judgments and leading authorities on Section 271(1)(c) →

Recent GST High Court judgments

Search GST case law →