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ITAT deletes section 271C penalty in respect of EDC Amount paid to HUDA

Case Law Details

TaxGuru Citation
2022 taxguru.in 3893
Case Name
Signature Builders Pvt. Ltd. Vs Addl. CIT (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
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Signature Builders Pvt. Ltd. Vs Addl. CIT (ITAT Delhi)

(A) This appeal by Assessee is filed against the order of Learned Commissioner of Income Tax (Appeals)-31, New Delhi [“Ld. CIT(A)”, for short], dated 13/05/2019 for Assessment Year 2017-18. Grounds taken in this appeal are as under:

“(i) That the order of the Ld. A.O. as well as CIT(A) in unlawful, arbitrary and against the facts of the case.

(ii) That the Ld. A.O. as well as CIT(A) was not justified in levying/confirming penalty of Rs.6,62,100/- U/s 271C of the I.T. Act, 1961.

(iii) That the assessee craves right to amend, delete, substitute any one or more of the grounds of appeal at the time of hearing.”

(B) In this case, order dated 11/01/2018 was passed by the Assessing Officer, levying penalty amounting to Rs.6,62,100/- u/s 271C of Income Tax Act (being 2% of the EDC amount paid to HUDA).

(B.1) Aggrieved, the assessee filed appeal in the office of Ld. CIT(A). Vide impugned appellate order dated 13/05/2019, the Ld. CIT(A) confirmed the aforesaid penalty of Rs.6,62,100/-. Aggrieved again, the assessee has filed this present appeal in Income Tax Appellate Tribunal (“ITAT” for short) against the aforesaid impugned appellate order dated 13/05/2019 of the Ld. CIT(A). In the course of appellate proceedings in Income Tax Appellate Tribunal, a compilation of case laws containing copies of the following orders was filed from the assessee’s side.

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