UJJAWALA POWER PVT.LTD.,AHMEDABAD vs. DCIT, CIRCLE-25(1), DELHI

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ITA 106/DEL/2023Status: DisposedITAT Delhi07 August 2023AY 2013-142 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 held that since the quantum additions, on which the penalty was based, had already been deleted by a previous ITAT order, the penalty itself did not survive.

What were the facts?

The assessee challenged a penalty levied under section 271(1)(c) of the Income-tax Act. The penalty was based on quantum additions made in the assessment.

What were the issues?

Whether a penalty under Section 271(1)(c) can be sustained when the underlying additions have been deleted.

Which sections of the Income-tax Act were involved?

Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘H’ : NEW DELHI

For Appellant: Shri Arta Trana Panda, Advocate
For Respondent: Shri Amit Katoch, Senior DR
Hearing: 07.08.2023

(PAN : AABCU2728H) (APPELLANT) (RESPONDENT) ASSESSEE BY : Shri Arta Trana Panda, Advocate REVENUE BY : Shri Amit Katoch, Senior DR Date of Hearing : 07.08.2023 Date of Order : 07.08.2023

ORDER

PER SHAMIM YAHYA, ACCOUNTANT MEMBER :

1.

This appeal by the assessee is directed against the order of the ld. CIT (Appeals)/NFAC dated 21.11.2022 pertaining to the assessment year 2013-14.

2.

In this appeal, assessee has challenged the upholding of levy of penalty under section 271(1)(c) of the Income-tax Act, 1961 (for short ‘the Act’) amounting to Rs.1,13,72,741/-. order dated 13.01.2023 in for AY 2013-14. Hence, this penalty u/s 271(1)(c) of the Act levied with reference to those additions does not survive. Ld. DR of the Revenue could not rebut this proposition. Since quantum addition has been deleted, we set aside the orders of the authorities below and delete the penalty levied u/s 271(1)(c) of the Act.

5.

In the result, assessee’s appeal is allowed. Order pronounced in the open court on this 7th day of August, 2022 after the conclusion of the hearing.

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