CEMENT CORPORATION OF INDIA LTD.,NEW DELHI vs. DCIT, NEW DELHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that since the quantum addition/disallowance was restored to the Assessing Officer, the penalty levied based on it cannot survive. Consequently, the penalty order was set aside.
What were the facts?
The assessee filed an appeal against the penalty levied under section 271(1)(c). The quantum addition/disallowance on which the penalty was based had been set aside and restored to the Assessing Officer by a prior Tribunal order.
What were the issues?
Whether a penalty levied under Section 271(1)(c) can survive when the underlying quantum addition/disallowance has been set aside and restored to the Assessing Officer.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, [ DELHI BENCH “B” : DELHI ]
Before: SHRI CHALLA NAGENDRA PRASADSHRI M. BALAGANESH
आदेश /O R D E R PER C. N. PRASAD, J. M. :
This appeal is filed by the assessee against the order of the ld. Commissioner of Income Tax (Appeals)-2 [hereinafter referred to 1 CIT (Appeals)] New Delhi, dated 31.03.2016 for assessment year 2007-08 in confirming the penalty levied under section 271(1)(c) of the Income Tax Act, 1961 (the Act).
The ld. Counsel for the assessee, at the outset, submits that the quantum addition/disallowance made by the Assessing Officer while completing the assessment has been set aside and restored back to the file of the Assessing Officer by the Tribunal by order dated 23.12.2016 in and, therefore, since the quantum addition/disallowance has been restored to the file of the Assessing Officer the penalty levied by the Assessing Officer based on such addition/disallowance has no legs to stand. 3. On hearing the rival submissions and perusing the order of the Tribunal, we notice that the quantum addition/disallowance made in the assessment order for the assessment year 2007-08 has been restored to the file of the Assessing Officer. In the circumstances the penalty levied based on the addition/disallowance made in the assessment order will not survive. Hence, the penalty order passed under section 271(1)(c) is set aside and grounds of appeal
of the assessee is allowed.
4. In the result appeal of the assessee is allowed. Order pronounced in the open court on : 17/10/2023.
More judgments on Section 271(1)(c)
- Ajaybhai Dineshbhai Bagdai, Near Central… vs The Income Tax Officer, Ward-1(2)(1), New…ITA 74/RJT/2026[2013-14]Status: Disposed19 Oct 2026AY 2013-14
- Shalin Jayantbhai Desai, Vadodara vs ACIT, Circle-4(2), Vadodara Present…ITA 2569/AHD/2026[2010-11]Status: Disposed19 Oct 2026AY 2010-11
- Neo Structo Construction P. Ltd., Ahmedabad vs The Pr. CIT- 3, AhmedabadITA 1216/AHD/2026[2015-2016]Status: Disposed16 Oct 2026AY 2015-2016
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2370/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
- Hetal Vinodchandra Sheth, Ahmedabad vs The ITO, Ward-5(3)(1), AhmedabadITA 2369/AHD/2025[2014-15]Status: Disposed16 Oct 2026AY 2014-15
Recent GST High Court judgments
Search GST case law →- Smt Usha W/O Shri Tarun vs. Union Of INDIARajasthan · 29 Oct 2026
- M/S Maruti Nandan Minetech Private Limited vs. The Joint CommissionerRajasthan · 29 Oct 2026
- M/S Rentex Polymers Private Limited vs. Assistant Commissioner Of Central Goods And Services TaxDelhi · 29 Oct 2026
- Ajay Kumar @ Ajay Sharma vs. Union Of INDIA Rep Thr The Intelligence Officer, Directorate General Of GST Intelligence (Dggi)Jharkhand · 29 Oct 2026
- M/S Maa Shila Traders vs. The State Of BiharPatna · 29 Oct 2026