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Judgment
PER ANUBHAV SHARMA, JM:
This appeal is preferred by the assessee against the order dated 27.09.2021 of the Commissioner of Income-tax (Appeals), NFAC, Delhi (hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘FAA’) in appeal No.CIT (Appeals), GHAZIABAD/10264/2019-20 arising out of the appeal before it against the order dated 27.06.2019 passed u/s 271(1)(c) of the Income Tax Act, 1961 (hereinafter referred as ‘the Act’) by the ITO, Ward-3(3), Noida (hereinafter referred to as the Ld. AO).
On hearing both the sides, we find that by way of the impugned order, the penalty imposed u/s 271(1)(c) of the Act was challenged, but, the subsequent developments are that by order dated 30.12.2024 the assessee’s quantum appeal was allowed by the CIT(A) and the matter was sent back to the AO for making a fresh assessment of income of the appellant and, thereupon by order dated 29.09.2025, in the set aside proceedings, no addition has been made.
In the light of the aforesaid circumstances, no justification is left in the penalty which was levied on the original assessment order dated 15.12.2018. Accordingly, the appeal of the assessee is allowed and the impugned penalty order dated 27.06.2019 is quashed.