HONDA ACCESS INDIA PVT. LTD.,GAUTAM BUDH NAGAR vs. DCIT, CIRCLE- 1, NOIDA

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ITA 192/DEL/2019Status: DisposedITAT Delhi29 August 2023AY 2013-14Bench: SH. N. K. BILLAIYA, ACCOUNTANT MEMBER AND SH.KUL BHARAT (Judicial Member)2 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal noted that the additions/disallowances which formed the basis for the penalty levy had been deleted by the same Tribunal in a prior appeal. Therefore, the penalty had no legs to stand.

What were the facts?

The assessee's appeal was against the confirmation of penalty under Section 271(1)(c) by the CIT(A). The penalty was levied based on additions made in the assessment order for AY 2013-14.

What were the issues?

Whether penalty under Section 271(1)(c) can be sustained when the additions leading to it have been deleted by the appellate tribunal.

Which sections of the Income-tax Act were involved?

Section 271(1)(c),Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘C’, NEW DELHI

Before: SH. N. K. BILLAIYA & SH.KUL BHARAT

Hearing: 29/08/2023Pronounced: 29/08/2023

This appeal by the assessee is preferred against the order of the CIT(A)-1, Noida dated 30.08.2018 pertaining to A.Y.2013-14.

2.

The sum and substance of the grievance of the assessee is that the CIT(A) erred in confirming the levy of penalty u/s. 271 (1) (c) of the Act amounting to Rs.120980/-.

3.

The roots for the levy of penalty lie in the assessment order dated 28.03.2016 framed u/s.143(3) of the Act by which returned loss of Rs.11879282/- was assessed at a loss of Rs.10654210/-. The order was challenged before the appellate authorities and the quarrel travelled up to this Tribunal.

4.

This Tribunal in by order dated 14.06.2023 has deleted the additions/disallowance and the appeal was allowed.

5.

Since the basis has been removed the penalty has no legs to stand. We accordingly direct the AO to delete the penalty so levied. The appeal of the assessee is allowed.

6.

Decision announced in the open court on 29.08.2023.

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