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Income Tax Appellate Tribunal, INDORE BENCH, INDORE
Before: SHRI VIJAY PAL RAO & SHRI B.M. BIYANI
आदेश / O R D E R
Per B.M. Biyani, A.M.:
Feeling aggrieved by appeal-order dated 02.02.2023 passed by learned Commissioner of Income-Tax (Appeals), NFAC, Delhi [“CIT(A)”], which in turn arises out of penalty-order dated 15.03.2022 passed by National Faceless Assessment Centre, Delhi [“AO”] u/s 271(1)(c) of the Income-tax Act, 1961 [“the Act”] concerning assessment year 2013-14, the assessee has filed this appeal.
Tara Devi Agarwal, Bhopal v. NFAC, Delhi AY 2013-14 2. Ld. AR for assessee carried us to Para No. 4 of the aforesaid penalty- order dated 15.03.2022 and demonstrated that the AO has imposed penalty of Rs. 1,60,143/- treating the income of Rs. 10,84,926/- as concealed income. The components of the income of Rs. 10,84,926/- are (i) returned income of Rs. 4,41,000/-, and (ii) addition of Rs. 6,43,926/- confirmed by CIT(A) out of the addition made by AO.
Then, Ld. AR submitted that, vide Para No. 2 / Page No. 3 of penalty- order, Ld. AO has treated the returned-income of Rs. 4,41,000/- as concealed income on the premise that the assessee failed to file return u/s 139(1) which is factually wrong. Ld. AR filed a copy of the return duly acknowledged as No. 059150713018632 by ITO-3(1), Bhopal which shows the returned-income of Rs. 4,41,000/- filed u/s 139(1) on 15.07.2013.
Regarding second basis of penalty i.e. the addition of Rs. 6,43,926/- confirmed by CIT(A), Ld. AR submitted that the assessee went in next appeal to ITAT, Indore Bench whereupon, through a consolidated order in IT(SS)A No. 1 to 4/Ind/2020 for AY 2010-11 to 2014-15 dated 11.01.2023, the ITAT has fully deleted the addition. Thus, Ld. AR submitted, entire penalty imposed by AO has no legs to stand and hence un-sustainable. Therefore, the impugned penalty deserves to be deleted fully. Ld. DR for revenue fairly agreed to the submission of Ld. AR.
Tara Devi Agarwal, Bhopal v. NFAC, Delhi AY 2013-14
In view of congruence by parties, we hereby delete the penalty. The assessee succeeds in this appeal.
Resultantly, this appeal is allowed.
Order pronounced in the open court on 20.09.2023.