The Tax Publishers2020 TaxPub(DT) 2555 (Del-Trib)

INCOME TAX ACT, 1961

Section 271(1)(c)

Since very basis for levy of penalty, i.e., issue of quantum was set aside to AO, thus, penalty based on such non-existent ground did not survive, and accordingly issue of penalty was remanded to AO to take a view in consonance with view to be taken on aspect of quantum.

Penalty under section 271(1)(c) - Validity - Issue of quantum addition set aside to AO by Tribunal in appeal proceedings -

Assessee was aggrieved by imposition of penalty under section 271(1)(c), contending that in appeal before Tribunal as regards quantum addition, order of CIT(A) was set aside by Tribunal and issue was remanded to AO. Held: Since very basis for levy of penalty, i.e., issue of quantum was set aside to AO, penalty based on such non-existent ground did not survive. In fitness of things, order was set aside and issue of penalty was remanded to AO to take a view in consonance with view to be taken on aspect of quantum.

REFERRED : Sunshine Capital Ltd. v. DCIT [ITA. No. 787 (Del) of 2014 by Order, dated 8-10-2018] : 2018 TaxPub(DT) 7900 (Del-Trib)

FAVOUR : Matter remanded

A.Y. : 2008-09

IN THE ITAT, DELHI BENCH

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