Case Number: ITA 787/DEL/2020
Appellant: Taranjeet Singh Alagh, New Delhi
Respondent: ITO Ward-33(2), New Delhi
Assessment Year: 2015-16
Result: Appeal allowed
Case Filed on: 2020-02-13
Order Type: Final Tribunal Order
Date of Order: 2023-06-20
Pronounced on: 2023-06-20
The appeal was filed by Taranjeet Singh Alagh against the order of CIT(A)-34, New Delhi for the assessment year 2015-16. The main issues were related to the assessment’s handling of capital loss and the imposition of penalties under sections 271A and 271B of the Income Tax Act.
The appellant argued that the assessment order contained unfounded prejudicial observations and failed to provide an opportunity to present evidence. Concerns were also raised about the applicability of sections 271B and the justification for penalty imposition when section 271A penalties were dropped.
The tribunal found merit in the appellant’s arguments, particularly noting the inconsistency in imposing a penalty for non-auditing of books when the penalty for non-maintenance of those books was dropped. The tribunal directed the assessing authority to delete the penalty, thereby allowing the appeal.
Order Pronounced in the Open Court on 20/06/2023
Members:
Assistant Registrar: Pooja
Taranjeet Singh Alagh vs ITO Ward-33(2) – ITA 787/DEL/2020: Dispute on Penalty Provisions
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