Penalty not sustainable if AO dropped penalty in earlier AY on same set of facts

Action Construction Equipment Ltd. Vs DCIT (ITAT Delhi)

The Assessing Officer has not given any reason as to why he dropped the penalty in Assessment Year 2010-11 and sustained the imposition of penalty for Assessment Year (AY) 2009-­10 under the same set of facts. Moreover, in the impugned penalty order, the Assessing Officer has stated that non-filing of appeal goes to demonstrate the acceptance by the assessee of furnishing/concealing of income to the tune of Rs. 15,96,494/-. This observation goes to demonstrate that the Assessing Officer had not sp

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