TMI Blog2014 (2) TMI 1364X X X X Extracts X X X X X X X X Extracts X X X X ..... into the facts passed the orders in these two years also as in all other years. Therefore, the penalty order for these years does not stand as the assessee was not into existence in these years. Regarding other years also we find that facts and circumstances exactly are same as in the order referred to above and therefore respectfully following the order of coordinate Benches we also delete th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... b) of the Income Tax Act, 1961. In assessment years 2005-06 2006-07 in I.T..A. No.4665 I.T.A. No.4666/Del/2013 the assessee has raised the ground of order being bad in law as during these years the assessee was non existent. 2. The Ld AR of the assessee submitted that in other group cases under similar circumstances various Benches of the ITAT Delhi has deleted the penalty imposed. It was f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... D 31.1.2014 Lakshmi Chand 4691 to 4697/D/13 D 31.1.2014 Manjusha Madan 4698 to 4703/D/13 E 31.1.2014 Roop Kishore Madan 4743 to 4749/D/13 E 31.1.2014 5. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessment proceedings. Therefore, we do not find these cases to be fit for imposition of penalty u/s 271(1)(b) of the Act. Such penalties are, therefore, deleted in all the cases, the facts mutatis mutandis, being exactly similar in all of them. 6. We further observe that in I.T.A. No.4665 4666/Del/2013 for assessment year 2005-06 and 2006-07, the assessee itself was not in existence as the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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