ADDITIONAL COMMISSIONER OF INCOME TAX, CENTRAL RANGE-2, DELHI V. PRADEEP WIG, DELHI

BMA 17/DEL/2025

AI Insights

The case involves appeals by the Revenue against the cancellation of penalties imposed on Pradeep Wig, Sonu Wig, and Neera Wig for the Assessment Year 2019-20 under the Black Money Act. The penalties were initially imposed by the ACIT but were later cancelled by the CIT(A) based on the Tribunal's earlier decisions which had deleted the additions made against the Assessees. The Revenue challenged the CIT(A)'s decision, arguing that the penalties should stand despite the Assessees' partial disclosure of foreign assets. However, the Tribunal found no merit in the Revenue's appeals, citing the finality of its previous orders which had favored the Assessees.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 787886 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 1 day(s)
• Appeal Type: Black Money Appeal
• Pronouncement Date: 28-11-2025
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: H
• Assessment Year: misc
• Appeal Filed On: 26-09-2025
• Laws Referred To: Black Money (undisclosed foreign income and assets) and imposition of tax, 2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S.K. JADHAV

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL DELHI [DELHI BENCH:“ H” New Delhi] BEFORE SHRI YOGESH KUMAR U.S., JUDICIAL MEMBER AND SHRI BRAJESH KUMAR SINGH, ACCOUNTANT MEMBER BMA No. 17/DEL/2025 (A.Y 2019-20) ACIT Central Range-2 Room No. 340, 3rd Floor, E-2, ARA Centre, Jhandewalan Extension, New Delhi Vs. Pradeep Wig Sundar Nagar, New Delhi- 110003 PAN: AAAPW8331J Appellant Respondent BMA No. 18/DEL/2025 (A.Y 2019-20) ACIT Central Range-2 Room No. 340, 3rd Floor, E-2, ARA Centre, Jhandewalan Extension, New Delhi Vs. Sonu Wig Sundar Nagar, New Delhi- 110003 PAN: AAPPW4149M Appellant Respondent BMA No. 19/DEL/2025 (A.Y 2019-20) ACIT Room No. 340, 3rd Floor, E-2, ARA Centre, Jhandewalan Extension, New Delhi Vs. Neera Wig Sundar Nagar, New Delhi- 110003 PAN: AAAPW8332M Appellant Respondent Assessee by Sh. Vinod Kumar Bindal, CA & Sh. AnmolJha, Adv Revenue by Sh. S. K. Jadhav, CIT- DR Date of Hearing 13/11/2025 Date of Pronouncement 28/11/2025 ORDER PER YOGESH KUMAR, U.S. JM: The captioned Appealsare filed by the Revenue against the orders of Ld. Commissioner of Income Tax (Appeals)-31, New Delhi (‘Ld. CIT(A)’ for short) dated 07/05/2025 pertaining to Assessment Year 2019-20. Printed from counselvise.com 2. Brief facts of the case are that, respective order of penalty came to be passed on 27/03/2022, 28/03/2022 and 27/03/2022 against the Assessees mentioned above u/s 43 of Black Money (undisclosed foreign income and assets) and imposition of tax, 2015 (hereinafter called as ‘BMA’ as short). As against orders of penalty, Assessees have preferred appeals before the Ld. CIT(A) and the Ld. CIT(A) vide orders impugned, considering the fact that, the quantum appeal of the respective Assessees have been allowed, cancelled the order of penalty so imposed against the Assessees. Aggrieved by the orders of the Ld. CIT(A), Revenue preferred the present Appeal. 3. The Ld. Department's Representative vehemently submitted that the Ld. CIT(A) committed error in deleting the penalty levied u/s 43 of BMA, despite partial/disclosure of foreign assets in the return of income filed by the Assessee. The Ld. Department's Representative relying on the orders of penalty sought for allowing the Appeal. 4. Per contra, the Ld. Assessee's Representative submitted that the Ld. CIT(A) has cancelled the penalty considering the fact that Tribunal has deleted the addition made against the Assessees herein and further submitted that the order of the Tribunal reached already finality, therefore, the present Appeals filed by the Revenue are devoid of merits. Thus, sought for dismissal of the Appeals. Printed from counselvise.com 5. We have heard both the parties and perused the material available on record. As could be seen from the order of the Ld. CIT(A), the Ld. CIT(A) cancelled the penalty on the ground that in the quantum Appeals filed by the respective Assessees in BMA No. 5/Del/2022, 7/Del/2022 and 6/Del/2022, the Tribunal has deleted the addition. The Revenue has not brought on record any material to show that those orders of the Tribunal have been reversed and not produced any contrary judicial precedents. Considering the above facts that the order of the Tribunal in BMA No. 5/Del/2022, 7/Del/2022 and 6/Del/2022 have reached finality, we find no error or infirmity in the orders of the Ld. CIT(A) in relying on the orders of the Tribunal and cancelling the penalty. Finding no merits in the Grounds of Appeal of the Revenue, we dismiss the present Appeals of the Revenue in BMA Nos. 17/DEL/2025, BMA No. 18/DEL/2025and BMA No. 19/DEL/2025. Order pronounced in the open court on 28th November, 2025 Sd/- Sd/- (BRAJESH KUMAR SINGH) (YOGESH KUMAR U.S.) ACCOUNTANT MEMBER JUDICIAL MEMBER Date:- 28 .11.2025 R.N, Sr.P.S* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT Printed from counselvise.com ASSISTANT REGISTR ITAT, NEW DELHI Printed from counselvise.com "