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Facts
The assessee is in appeal against a penalty order passed under Section 270A of the Income Tax Act, 1961. The penalty was imposed for the Assessment Year 2020-21.
Held
The Tribunal held that since the quantum addition was quashed due to error in exercising jurisdiction, the penalty under Section 270A cannot survive. Therefore, the appeal was allowed and the penalty order was quashed.
Key Issues
Whether penalty under Section 270A can survive when the underlying quantum addition has been quashed.
Sections Cited
270A
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Income Tax Appellate Tribunal, DELHI BENCHES: G : NEW DELHI
Before: SHRI ANUBHAV SHARMA & SHRI NAVEEN CHANDRA
Assessment Year: 2020-21 Rama University, Vs The Assessment Unit, 100, Rama City, Delhi. GT Road, Mandhana, Kanpur Dehat. PAN: AADTR0638L (Appellants) (Respondents) Assessee by : Shri Ashutosh Thakur, Advocate Revenue by : Shri Rajesh Kumar Dhanesta, Sr. DR Date of Hearing : 07.10.2025 Date of Pronouncement : 29.10.2025 ORDER
PER ANUBHAV SHARMA, JM:
This appeal is preferred by the assessee against the order dated 04.06.2025 passed u/s 270A of the Income Tax Act, 1961 (hereinafter referred as ‘the Act’) by the Assessment Unit, Delhi (hereinafter referred to as the Ld. AO).