TMI Blog2019 (4) TMI 1576X X X X Extracts X X X X X X X X Extracts X X X X ..... fied in deleting the same. We, therefore, do not see any merit in these appeals of the Department. See KC BUILDERS AND ANOTHER VERSUS ASSISTANT COMMISSIONER OF INCOME-TAX [ 2004 (1) TMI 7 - SUPREME COURT] - Decided in favour of assessee. - ITA Nos. 907 And 908/CHD/2018 - - - Dated:- 24-4-2019 - Shri N.K. Saini, Vice President And Shri Sanjay Garg, Judicial Member For th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is of which the penalty was levied by the Assessing officer has been deleted by the ITAT vide order dated 6.2.2018 in ITA Nos. 46 47/Chd/2015 for the assessment year 2005-06 2006-07 respectively. Copy of the said letter was furnished which is placed on record. It was pointed out that the Ld. CIT(A) also deleted the impugned penalties for this reason that the quantum additions had been deleted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessment year 2005-06 2006-07 allowed the appellant s appeal. Since the quantum additions have been deleted by the ITAT, the penalty levied against the same has no legs to stand and is accordingly ordered to be deleted for both the years A.Y. 2005-06 and A.Y. 2006-07. 7. It is well settled that no penalty u/s 271(1)(c) of the Act can be levied when the additions on the basis of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e to be cancelled. Ordinarily, penalty cannot stand if the assessment itself is set aside. 9. In the present case also, the addition on the basis of which the impugned penalty u/s 271(1)(c) of the Act was levied by the Assessing officer has been deleted, therefore, the impugned penalty was not leviable and the Ld. CIT(A) was fully justified in deleting the same. We, therefore, do ..... X X X X Extracts X X X X X X X X Extracts X X X X
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