SH. KRISHAN KUMAR MODI,NEW DELHI vs. ACIT, NEW DELHI
In the result, the appeals of the assessee are allowed
ITA 4439/DEL/2014[2012-13]Status: DisposedITAT Delhi12 May 2023AY 2012-13
Bench: Sh. C. M. Gargdr. B. R. R. Kumar
For Appellant: Sh. Rohit Jain, Adv. &For Respondent: Mohd. Gayasuddin Ansari, CIT DR
Section 142(1)Section 143(3)Section 254Section 271Section 271(1)(b)
…lar issue of levy of penalty u/s 271(1)(b) for not signing the concerned form has been deleted by the Co- Jindal vide order dated 28.02.2017 in ITA No. 6425 & 6426/Del/2015. • Further, the Hon’ble High Court of Madras in case of CIT Vs. V. V. Venkatataramiah (11 ITR 308) held that the penalty cannot be levied if there is a reasonable cause. • The Hon’ble Apex Court in the case of Hindustan Steel Ltd. (83 ITR 26) held that an order imposing penalty for failure to carry out a statutory obligation is the result of a quasi- criminal proceeding, and penalty will not ordinarily be imposed unless the party obliged, eith…