MULAYAM SINGH, GHAZIABAD V. ITO,Ward-1(4), GHAZIABAD

ITA 3030/DEL/2022

AI Insights

This case involves an appeal by Mulayam Singh against the order of the National Faceless Appeal Centre (NFAC) which confirmed a penalty under section 271(1)(c) of the Income Tax Act. The penalty was originally imposed following an assessment order that significantly increased the assessed income due to an addition on account of short term capital gain. The Tribunal had previously set aside the quantum addition to the files of the CIT(A) for a decision on merits, and it was directed that the penalty issue be addressed subsequently by the CIT(A) after resolving the quantum appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 116300 (ITAT-DELHI)
• Duration Of Justice: 7 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-07-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 31-07-2023
• Assessment Year: 2008-2009
• Appeal Filed On: 26-12-2022
• Other Referred Cases: ITA No.3768/Del/2018
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’, NEW DELHI BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER AND MS. ASTHA CHANDRA, JUDICIAL MEMBER ITA No.3030/Del/2022 Assessment Year: 2008-09 Mulayam Singh H.No.594, Main Shyam Park, Sahibabad, Ghaziabad PAN No.BDIPS7017P Vs ITO Ward- 1 (4) Ghaziabad (APPELLANT) (RESPONDENT) Appellant by None Respondent by Ms. Smita Singh, Sr. DR Date of hearing: 01/08/2023 Date of Pronouncement: 01/08/2023 ORDER PER N. K. BILLAIYA, AM: This appeal by the assessee is preferred against the order dated 26.10.2022 by NFAC pertaining to A.Y. 2008-09. 2. The sum and substance of the grievance of the assessee is that NFAC erred in confirming the penalty levied u/s. 271 (1)(c) of the Act. 2 3. The roots for the levy of penalty lie in the assessment order dated 10.12.2015 framed u/s. 147/143(3) of the Act. The returned income of Rs.131131/- was assessed at Rs.1792555/- after making an addition on account of short term capital gain of Rs.1661424/-. 4. The quantum addition travelled upto the Tribunal and this Tribunal in ITA No.3768/Del/2018 vide order dated 08.10.2018 restored the quarrel to the file of the CIT(A) with a direction to decide the appeal on merit of the case. In the light of the said order of the coordinate Bench the quarrel relating to the penalty is also set aside to the files of the CIT(A). The CIT(A) is directed to decide the issue of levy of penalty u/s. 271(1)(c) of the Act after deciding the quantum appeal. 5. In the result, the appeal of the assessee is allowed for statistical purpose. 6. Decision announced in the open court 01.08.2023. Sd/- Sd/- [ASTHA CHANDRA] [N.K. BILLAIYA] JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: .08.2023 *Neha* Copy forwarded to: 1. Appellant 2. Respondent 3. CITi 4. CIT(A) 5. DR Asst. Registrar ITAT, New Delhi