Ujjawala Power Pvt.Ltd., Ahmedabad V. DCIT, Circle-25(1), Delhi

ITA 106/DEL/2023

AI Insights

The case involves Ujjawala Power Pvt. Ltd., the appellant, contesting a penalty imposed by the Deputy Commissioner of Income Tax (DCIT), the respondent, under section 271(1)(c) of the Income-tax Act, 1961, for the assessment year 2013-14. The penalty was based on certain quantum additions made during the assessment, which were later contested. The ITAT had earlier deleted these quantum additions in a separate appeal (ITA No.6564/Del/2018) dated 13.01.2023. Consequently, the basis for the penalty no longer existed, leading to the tribunal's decision to set aside the penalty.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 113994 (ITAT-DELHI)
• Duration Of Justice: 6 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-08-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Next Hearing Date: 06-08-2023
• Assessment Year: 2013-2014
• Appeal Filed On: 15-01-2023
• Other Referred Cases: ITA No.6564/Del/2018
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH ‘H’ : NEW DELHI) SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER and MS. ASTHA CHANDRA, JUDICIAL MEMBER ITA No.106/Del./2023 (ASSESSMENT YEAR : 2013-14) Ujjawala Power Pvt. Ltd., vs. DCIT, Circle 25 (1), 906 – 907, Indraprasth Corporate, Delhi. Prahalad Nagar, Opposite Shell Petrol Pump, Ahmedabad – 380 015 (Gujarat). (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 : 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/-. ITA No.106/Del./2023 2 4. At the outset before us, ld. counsel of the assessee submitted that the quantum addition in this case has been already deleted by ITAT vide order dated 13.01.2023 in ITA No.6564/Del/2018 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 7 th day of August, 2022 after the conclusion of the hearing. Sd/- sd/- (ASTHA CHANDRA) (SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated the 7 th day of August, 2022 TS Copy forwarded to: 1.Appellant 2.Respondent 3.CIT 4.CIT (A) 5.CIT(ITAT), New Delhi. AR, ITAT NEW DELHI.