Babli Kukreja, New Delhi V. ACIT Central Circle-15, , NEW DELHI

ITA 153/DEL/2021

• Counselvise Citation: [2022] 105 COUNSELVISE.COM (IT) 8492 (ITAT-DELHI)
• Duration Of Justice: 11 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-02-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 25-02-2021
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘A’, NEW DELHI BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER AND SH. YOGESH KUMAR US, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCING) ITA No.153/Del/2021 Assessment Year: 2006-07 Babli Kukreja C-59, Friends Colony East, New Delhi-110065 PAN No.AAMPK7553L Vs ACIT Central Circle-15 New Delhi (APPELLANT) (RESPONDENT) Appellant by Sh. R. S. Ahuja, CA Respondent by Shri Kanav Bali, Sr. DR Date of hearing: 21/02/2022 Date of Pronouncement: 21/02/2022 ORDER PER N. K. BILLAIYA, AM: This appeal by the assessee is preferred against the order of the CIT(A)-23, New Delhi dated 31.12.2020 pertaining to A.Y.2006-07. 2. The sum and substance of the grievance of the assessee is that the CIT(A) erred in confirming the penalty levied u/s. 271 (1) (c) of the Act by the AO amounting to Rs.37,65,704/-. 3. At the very outset the counsel for the assesee stated that the impugned addition on which the penalty has been levied has been 2 deleted by the Tribunal vide order dated 27.09.2021 in ITA No.2479/Del/2017. 4. The DR fairly conceded to this. 5. We have carefully perused the orders of the authorities below. We find force in the contention of the Counsel. This Tribunal in ITA No.2479/Del/2017 for A.Y.2006-07 at the occasion to decide on the quantum addition and after considering the detailed submissions this Tribunal held as under :- 3 6. Since the quantum addition has been deleted, 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. 7. In the result, the appeal filed by the assessee is allowed. 8. The order is pronounced in the open court on 21.02.2022 in the presence of both the rival representatives. Sd/- Sd/- (YOGESH KUMAR US) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER *NEHA* Date:-21.02.2022 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI Date of dictation 21.02.2022 Date on which the typed draft is placed 4 before the dictating Member Date on which the typed draft is placed before the Other member Date on which the approved draft comes to the Sr.PS/PS Date on which the fair order is placed before the Dictating Member for Pronouncement Date on which the fair order comes back to the Sr. PS/ PS Date on which the final order is uploaded on the website of ITAT 21.02.2022 Date on which the file goes to the Bench Clerk Date on which file goes to the Head Clerk. The date on which file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order