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TMI Blog2017 (10) TMI 163X X X X Extracts X X X X X X X X Extracts X X X X ..... ld. CIT(A) in the impugned order while canceling the penalty. Hence, the appeal of the Revenue has no merit and deserves to fail. - ITA No. 5133/Del./2015 - - - Dated:- 7-9-2017 - Shri H.S. Sidhu, Judicial Member And Shri L.P. Sahu, Accountant Member For The Appellant : Shri Navin Chandra, CIT, DR For The Respondent : Shri R.S. Singhvi Satyajeet Goel, CA ORDER Per L.P. Sahu, A.M.: This is an appeal filed by the Revenue against the order dated 11.06.2015 of ld. CIT(A)-I, Gurgaon in relation to deletion of penalty u/s. 271(1)(c) of the IT Act, for the assessment year 2009-10. The grounds raised in appeal read as under : 1. On the facts and circumstances of the case, the Ld. CIT(A) has erred in fact and law ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vide impugned order observing as under : 6. I have considered the facts of the case and the written submission of the appellant. It is not in dispute that the very basis of penalty stands quashed by the Hon'ble Income Tax Appellate Tribunal for the AY 2009- 10, which, vide their Consolidated Order dated 13.11.2014 (in ITA Nos. 1315 1316 and ITA Nos. 1475 1467 in the appellant's' case and group associate namely, DLF Info city Developers (Chennai) Ltd. corrigendum dated 19.11.2014), allowed appellant's appeal in full against the Order of the Commissioner of Income Tax (Appeal), and dismissed department's appeal. Therefore, following the order of Hon'ble Delhi ITAT, I am of the considered view that the penalty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant on identical facts for the Assessment Years 2010-11 and 2011-12. Thus, not only in the current year but in preceding and succeeding years as well, no addition has been made/sustained on the issue which has been the subject matter of penalty u/s 271(1) (c) of the IT Act. 9. Hence, after a careful consideration of the facts of the case, particularly the order of Hon'ble Delhi ITAT deleting the entire addition and subsequent year's orders of the Ld. CIT(A) allowing full relief to the appellant, the penalty of ₹ 70,09,07,491/- imposed u/s. 271(1)(c) of the Act is directed to be cancelled and accordingly, all grounds of appeal are allowed. 3. The ld. DR, relying on the grounds of appeal and reiterating the observati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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