Sh. Rajendra vs Income Tax Officer

PER SATBEER SINGH GODARA, JM

This assessee’s appeal for assessment year 2015-16 arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and order no. ITBA/NFAC/S/250/2023-24/1056948539(1), dated 10.10.2023 involving proceedings under section 271(1)(c) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).

Heard both the parties. Case file perused.

2 For the reasons stated in the assessee’s condonation averments, delay of 33 days in filing of the instant appeal is condoned in light of Collector, Land & Acquisition vs. Mst. Katiji & Others (1987) 167 ITR 471 (SC).

It emerges during the course of hearing that both the lower authorities herein have held the assessee to have concealed as well as furnished inaccurate particulars of his taxable income. The Assessing Officer vide order dated 26.06.2018 levied the impugned section 271(1)(c) penalty of Rs.32,63,411/- which has been upheld in the lower appellate discussion.

It further transpires during the course of hearing that the assessee’s quantum appeal is stated to be pending before the CIT(A). That being the clinching factual position, we are of the considered view that the assessee’s instant penalty appeal also deserves to follow suit in very terms being consequential in nature. Ordered accordingly.

All other remaining issues are left open at this stage.

This assessee’s appeal is allowed for statistical purposes.