ITO, WARD- 2(5), DEHRADUN vs. UTTRAKHAND POORV SAINIK KALYAN NIGAM LTD., DEHRADUN

ITA 3023/DEL/2018Status: DisposedITAT Dehradun12 March 2026AY 2013-14Bench: SHRI MAHAVIR SINGH (Vice President), SHRI MANISH AGARWAL (Accountant Member)3 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the CIT(A)'s decision to delete the penalty. It noted that the assessee had filed an undertaking under Section 158A, agreeing to be bound by the outcome of a pending High Court appeal for AY 2010-11 on the same issue. Therefore, the penalty proceedings should not be kept alive.

What were the facts?

The Revenue appealed against the CIT(A)'s order deleting a penalty levied under Section 271(1)(c) for AY 2013-14. The penalty was imposed after the assessee's exemption claim under Section 10(26BBB) was withdrawn during reassessment. The CIT(A) deleted the penalty, following a previous order for AY 2009-10.

What were the issues?

Whether penalty under Section 271(1)(c) is leviable when the assessee has filed an undertaking under Section 158A regarding a pending High Court decision on the core issue of exemption.

Which sections of the Income-tax Act were involved?

Section 10(26BBB),Section 143(3),Section 147,Section 158A,Section 250,Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DEHRADUN “DB” BENCH: DEHRADUN

Before: SHRI MAHAVIR SINGH & SHRI MANISH AGARWAL

For Appellant: Shri Tarandeep Singh, Adv. &, Shri Daksh Dawar
For Respondent: Shri Amar Pal Singh, Sr.DR, Shri Tarandeep Singh, Adv. &, Shri Daksh Dawar
Hearing: 10.03.2026Pronounced: 12.03.2026

PER MANISH AGARWAL, AM : The present appeal is filed by Revenue against the order dated 23.02.2018 by Ld. Commissioner of Income Tax (A), Dehradun [“Ld.CIT(A)”] passed u/s 250 of the Income Tax Act, 1961 [“the Act”] deleting the penalty levied u/s 271(1)(c) vide penalty order dated 24.03.2017 pertaining to Assessment Year 2013-14. 2. Heard the contentions of both the parties at length and perused the material available on record. In this case, assessment was completed u/s 143(3) r.w.s. 147 of the Act dated 25.02.2015 wherein exemption claimed by the assessee u/s 10(26BBB) of the Act was withdrawn by holding that the assessee is not a statutory corporation eligible for exemption an

The order continues below.

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