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Judgment
PER ANUBHAV SHARMA, JM:
This appeal is preferred by the assessee against the order dated 28.10.2025 of the Ld. Commissioner of Income Tax(Appeals)-27 New Delhi (hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘FAA’) in DIN & Order No: ITBA/APL/M/250/2025-26/1082106738(1) arising out of the order dated 26.09.2023 u/s 271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) passed by the DCIT, CC-20, Delhi for AY: 2006-07.
On hearing both sides we find that vide ITA No. 164 of 2016 order dated 13.03.2026, Hon’ble Delhi High Court had sustained the order of Coordinate Bench wherein it was held that the assessment order stands abated. The present appeal is merely a penalty proceedings emanating out of the assessment order for which Hon’ble Delhi High Court has upheld the order of Tribunal that earlier assessment order dated 29.12.2008 became inoperative.
In the light of aforesaid the appeal of the assesse is allowed and the impugned penalty order stands quashed.