Question 1

What are the key legal issues in Vipul Mittal v. DCIT?

Accepted Answer

1. Whether the penalty of Rs. 46,63,030/- levied by the Assessing Officer under section 271(1)(c) can be sustained after the quantum assessment has been quashed by the Tribunal.

Question 2

What are the facts of Vipul Mittal v. DCIT?

Accepted Answer

This appeal, ITA No. 1052/Del/2025, filed by the assessee Vipul Mittal for the Assessment Year 2014-15, arises from the appellate order dated 29.01.2025 passed by the learned Commissioner of Income Tax (Appeals), NFAC, Delhi under section 250 of the Income-tax Act, 1961. The appellate order in turn arose from the penalty order dated 23.02.2022 passed by the Assessing Officer, NFAC under section 271(1)(c) of the Act, wherein the Assessing Officer imposed a penalty of Rs. 46,63,030/- against the assessee. This penalty was later sustained by the learned CIT(A) NFAC. The assessee filed an early hearing petition before the Tribunal, stating that the quantum assessment had been quashed by the Tribunal in ITA no. 2850/Del/2019 for A.Y. 2014-15 vide appellate order dated 15.01.2025. The Tribunal held that the jurisdictional notice under section 143(2) was not issued by the DCIT before completing the assessment under section 143(3) of the Act, resulting in an unwarranted defect that was not curable. Consequently, the assessment was quashed.

Vipul Mittal v. DCIT

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