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| The Tax Publishers2020 TaxPub(DT) 4483 (Chd-Trib) INCOME TAX ACT, 1961
Section 271(1)(c)
Since additions on basis of which penalty under section 271(1)(c) was sustained by CIT(A) were already deleted by CIT(A)/Tribunal, as such said additions which were the basis for levying the penalty under section 271(1)(c) were not in existence, therefore, penalty was ordered to be deleted.
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Penalty under section 271(1)(c) - Validity - Additions on basis of which penalty under section 271(1)(c) was sustained were subsequently got deleted in appeal proceedings -
Issue was as regards validity of penalty imposed under section 271(1)(c) on account of additions made under section 68, which itself stood deleted in appellate proceedings. Held: Since additions on basis of which penalty under section 271(1)(c) was sustained by CIT(A) were already deleted by CIT(A)/Tribunal, as such said additions which were the basis for levying the penalty under section 271(1)(c) were not in existence, therefore, penalty was ordered to be deleted.
Followed:KC Builders & Anr. v. Asstt. CIT (2004) 265 ITR 562 (SC) : 2004 TaxPub(DT) 1323 (SC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. :
IN THE ITAT, CHANDIGARH BENCH
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