Manish Periwal, New Delhi V. ACIT, Central Circle-2, New Delhi

ITA 1090/DEL/2018

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 3272 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 5 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-07-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2007-2008
• Appeal Filed On: 12-02-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 153A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’, NEW DELHI BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER AND SH. YOGESH KUMAR US, JUDICIAL MEMBER ITA No.1090/Del/2018 Assessment Year: 2007-08 Manish Periwal, C-165, Defence Colony New Delhi -110049 PAN No.AFWPP8883K Vs ACIT Central Circle-2 New Delhi (APPELLAN (RESPONDENT) Appellant Ms. Shweta Bansal, CA Respondent Ms. Rinku Singh, CIT DR Date of hearing: 26/07/2022 Date of Pronouncement: 26/07/2022 ORDER PER N.K. BILLAIYA, AM: This appeal by the assessee is preferred against the order of the CIT(A)-23, New Delhi dated 14.12.2017 pertaining to A.Y.2007-08. 2. The sum and substance of the grievance of the assessee is that the CIT(A) erred in confirming the levy of penalty by the AO u/s. 271 (1) (c) of the Act. 3. The roots for the levy of penalty lie in the assessment order 2 dated 24.02.2015 framed u/s. 153A r.w.s. 143 (3) of the Act in which addition of Rs.24,67,158/- was made to the returned income of the assessee. 4. We find that the quarrel travelled up to the Tribunal and the impugned addition of Rs.24,67, 158/- was deleted by the Tribunal in ITA No.5295/Del/2016 by order dated 18.05.2022. 5. Since the very foundation has been removed by this Tribunal by its order (supra) we do not find any merits in the levy of penalty u/s. 271 (1) ( c) of the Act. We accordingly direct the AO to delete the penalty so levied. The appeal of the assessee is accordingly allowed. 6. Decision announced in the open court on 26.07.2022. Sd/- Sd/- (YOGESH KUMAR US) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER *NEHA, Sr. Private Secretary* Date:- .07.2022 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI