ACIT, Circle-2(1)(2) Int. Taxation, New Delhi V. Rajiv Kumar, New Delhi

ITA 338/DEL/2022

AI Insights

The case involves an appeal by the Assistant Commissioner of Income Tax (ACIT), Circle-2(1)(2), New Delhi against Rajiv Kumar concerning the penalty under section 271(1)(c) of the Income Tax Act, 1961. The penalty was initially levied following a quantum addition to the income of Rajiv Kumar for the assessment year 2011-12. However, this quantum addition was later deleted by the CIT(A)-43, New Delhi. The Revenue's appeal to the Income Tax Appellate Tribunal sought to challenge the deletion of this penalty. The Tribunal, after reviewing the submissions and the absence of any order reversing the CIT(A)'s decision on the quantum addition, upheld the CIT(A)'s decision and dismissed the Revenue's appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 131788 (ITAT-DELHI)
• Duration Of Justice: 11 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-01-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 09-11-2022
• Assessment Year: 2011-2012
• Appeal Filed On: 20-02-2022
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 271(1)(c)

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL DELHIBENCH ‘D’, NEW DELHI Before Sh. Saktijit Dey, Judicial Member Dr. B. R. R. Kumar, Accountant Member ITA No. 338/Del/2022 : Asstt. Year : 2011-12 ACIT, Circle-2(1)(2), New Delhi-110002 Vs Rajiv Kumar, Flat No. 403, Dwarka, Sector-06, New Delhi-110075 (APPELLANT) (RESPONDENT) PAN No. BKEPK5135P Assessee by : None Revenue by : Sh. Sanjay Kumar, Sr. DR Date of Hearing: 10.11.2022 Date of Pronouncement: 24.01.2023 ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present appeal has been filed by the Revenue against the order of ld. CIT(A)-43, New Delhi dated 11.11.2021. 2. It has been brought to our notice that the quantum addition stands deleted by the order of the ld. CIT(A) in CIT(A)- 43/10475/2019-20 and hence the ld. CIT(A) has deleted the penalty levied u/s 271(1)(c) of the Income Tax Act, 1961. Since, the revenue could not bring on record any order reversing the decision of the ld. CIT(A) in the quantum proceedings till today, we hereby decline to interfere with the order of the ld. CIT(A). ITA No. 338/Del/2022 Rajiv Kumar 2 3. In the result, the appeal of the Revenue is dismissed. Order Pronounced in the Open Court on 24/01/2023. Sd/- Sd/- (Saktijit Dey) (Dr. B. R. R. Kumar) Judicial Member Accountant Member Dated: 24/01/2023 *Subodh Kumar, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR