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Case Law Details

Case Name : Tanya Automobiles Pvt. Ltd. Vs ACIT (ITAT Delhi)
Appeal Number : ITA No.3370/Del/2019
Date of Judgement/Order : 19/05/2022
Related Assessment Year : 2011-12
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Tanya Automobiles Pvt. Ltd. Vs ACIT (ITAT Delhi)

It was pointed out by the Ld. Counsel for the assessee that the quantum appeal arising out of assessment order has been decided vide ITA No. 1842/Del/2017 and the addition has been deleted. The fact could not be controverted by the Revenue.

The Bench is of firm view that the foundation of issuing show cause notice for penalty u/s 271(1)(c) of the Act, being crumbled by a verdict of this Tribunal, by deletion of additions, the penalty order alone cannot stand by its own against the assessee.

FULL TEXT OF THE ORDER OF ITAT DELHI

The assessee has filed this appeal against the order dated 29.03.2019 passed by the Commissioner of Income Tax (Appeals)-27, New Delhi confirming the penalty levied by the Assessing officer u/s 271(1)(c) of the Income Tax Act, 1961.

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