The
present appeal arose from an order dated 02 June 2025 passed under Section 250
of the Income Tax Act, 1961 by the Commissioner of Income Tax (Appeals), NFAC,
Delhi, whereby a penalty of ₹1,75,615 was confirmed under Section 271(1)(c) of
the Act. The penalty had originally been imposed by the Assessing Officer in an
ex-parte manner.
Aggrieved
by the confirmation of penalty, the assesse preferred an appeal before the
Income Tax Appellate Tribunal, Delhi Bench, challenging the levy on multiple
grounds. It was noted that no one appeared on behalf of the assesse at the time
of hearing; however, the Tribunal proceeded to adjudicate the matter after
considering the submissions of the Departmental Representative.
Upon
examination of the record, the Tribunal observed that the penalty proceedings
had been conducted without granting adequate opportunity of being heard to the
assesse. More importantly, it was noted that the quantum addition, which formed
the very basis of the penalty, was still pending adjudication before the
Commissioner of Income Tax (Appeals).
The
Tribunal held that when the quantum proceedings are yet to attain finality,
continuation of penalty proceedings is premature and unsustainable in law.
Accordingly, the impugned penalty order was set aside and the matter was
remanded to the file of the CIT(A) with a direction to adjudicate the penalty
issue along with the quantum appeal. The Tribunal further clarified that the
penalty shall remain in abeyance until the disposal of the quantum matter.
In
view of these observations, the appeal was allowed for statistical purposes.
Source Link- https://itat.gov.in/public/files/upload/1767610584-XQSN2N-1-TO.pdf
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