Nisha Jain vs. ACIT/DCIT

Parties Involved

Facts Summary

This appeal is filed by the Assessee for the Assessment Year 2014-15 against the order of the Ld. Commissioner of Income Tax Appeals dated 18.03.2024, wherein the Ld. CIT(A) has upheld the order of penalty passed u/s 271(1)(c) of the Act. The Ld. Counsel for the Assessee brought to our notice that in the quantum appeal in ITA No. 5957/Del/2018, the Co-ordinate Bench of the Tribunal has quashed the Assessment Order on the ground that the additions have been made in the absence of any incriminating material in an abated assessment. The said fact of quashing the assessment has not been disputed by the Ld. DR.…

Legal Issues

• 1. Whether the order of penalty passed by the CIT(A) survives after the quashing of the assessment order in the quantum appeal?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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