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Income Tax Appellate Tribunal, DELHI BENCH ‘F’, NEW DELHI
Before: SH. N. K. BILLAIYA & MS. ASTHA CHANDRA
BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER AND MS. ASTHA CHANDRA, JUDICIAL MEMBER Assessment Year: 2013-14 ITO Vs. Pradnesh Construction Ward- 20 (1) Pvt. Ltd. B-165, Flat No.D, New Delhi Ground Floor, Insa Manzil New, Ashok Nagar, New Delhi PAN No.AAGCP0048J (APPELLANT) (RESPONDENT) Appellant by Sh. P.N. Baranwal, CIT DR Respondent by None Date of hearing: 06/12/2023 Date of Pronouncement: 06/12/2023 ORDER
PER N. K. BILLAIYA, AM:
This appeal by the revenue is preferred against the order of the CIT(A)-38, New Delhi dated 06.03.2019 pertaining to A.Y.2013-14.
The solitary grievance of the revenue is that the CIT(A) erred in deleting the penalty of Rs.107262818/- levied by the AO u/s. 271 (1)(c) of the Act. 3. The roots for the levy of penalty lie in the assessment order dated 29.03.2016 framed u/s. 144 of the Act by which returned of Rs.25990/- was assessed at Rs.33,06,24,920/-. Penalty proceedings were separately initiated. 4. The quarrel relating to the quantum addition travelled upto the Tribunal and the Tribunal in upheld the order of the CIT(A) who had deleted the quantum addition. Since the very foundation has been removed the penalty has no legs to stand and the CIT(A) has rightly deleted the impugned penalty which calls for no interference. 5. In the result, the appeal of the revenue is dismissed. 6. Decision announced in the open court on 06.12.2023.