ITO WARD-3, ROHTAK vs. ARUN YADAV, BAHADURGARH

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ITA 437/DEL/2023Status: DisposedITAT Delhi11 August 2023AY 2019-202 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the CIT(A)'s decision, stating that the enhanced compensation is exempt under Section 10(37) of the Income Tax Act. Since the assessee had no taxable income, the penalty under Section 270A was rightly deleted.

What were the facts?

The Revenue appealed against the CIT(A)'s order deleting a penalty imposed by the AO. The penalty was levied on enhanced compensation received by the assessee for compulsory acquisition of agricultural land.

What were the issues?

Whether penalty under Section 270A is leviable when the income is exempt under Section 10(37) and the assessee has no taxable income.

Which sections of the Income-tax Act were involved?

Section 10(37),Section 270A

AI-generated summary — verify with the full judgment below

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

Before: Sh. C. M. GargDr. B. R. R. Kumar

Hearing: 07.08.2023Pronounced: 11.08.2023

ORDER

Per Dr. B. R. R. Kumar, Accountant Member:

1.

The present appeal has been filed by the Revenue against the order of National Faceless Appeal Centre (NFAC), Delhi dated 22.12.2022.

2.

None attended on behalf of the assessee.

3.

We find that the ld. CIT(A) has rightly deleted the penalty levied by the AO on the grounds that the amount received by the assessee is an enhanced compensation on compulsory acquisition of agricultural land which is exempt u/s 10(37) of the Act. Since, the assessee do not have any taxable income, we hold that the penalty levied u/s 270A of the Act has been rightly deleted by the ld CIT(A).

Arun Yadav 4. In the result, the appeal of the Revenue is dismissed. Order Pronounced in the Open Court on 11/08/2023.

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