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Shri Rajesh Aggarwal, C-17, Satyawati Colony, 17, Satyawati Colony, 17, Satyawati Colony, Ashok Vihar, Ashok Vihar, hok Vihar, Phase-III, New Delhi. New Delhi.Vs. Assistant Commissioner of Income Tax, Income Tax, Circle- Circle-19(1), New Delhi.
November, 21st 2015
                                `F' : NEW DELHI
                    DELHI BENCH `F

                           SRIVASTAVA, JUDICIAL MEMBER

                        ITA No.
                      Assessment Year : 2001-

Shri Rajesh Aggarwal,          Vs.    Assistant Commissioner of
C-17, Satyawati Colony,               Income Tax,
Ashok Vihar,                          Circle-19(1),
Phase-III,                            New Delhi.
New Delhi.
     (Appellant)                          (Respondent)

            Appellant by       :     None.
            Respondent by      :     Ms. Rakhi Vimal, Senior DR.

     Date of hearing           :     19.11.2015
     Date of pronouncement     :     20.11.2015


     This appeal by the assessee for the assessment year 2001-02 is
directed against the order of learned CIT(A)-XXII, New Delhi dated 31st
December, 2012.

2.   At the time of hearing, none appeared on behalf of the assessee-
appellant. Therefore, the appeal of the assessee is being disposed of
ex-parte qua the assessee-appellant on merits after hearing the
arguments of learned DR.

3.   The only ground raised by the assessee is against the levy of
penalty u/s 271(1)(c) of the Income-tax Act, 1961 at `20,94,574/-. The
assessee has filed a written submission pointing out that this addition
has been deleted by the ITAT in the quantum proceedings vide ITA
                                     2                         ITA-3109/Del/2013

4.     We have considered the submissions of the learned DR and have
perused the relevant material placed before us.         We find that the
penalty u/s 271(1)(c) of the Act has been levied in pursuance to the
assessment order dated 24th November, 2008 passed u/s 143(3)/148.
However, in the quantum appeal, the ITAT quashed the reopening of
assessment u/s 148 and consequentially, the assessment order passed
in pursuance thereto was also quashed vide ITA No.151/Del/2010,
order dated 19th August, 2015. Since the assessment order itself has
been quashed, the addition made therein cannot survive and
consequently, the penalty based upon such addition cannot be
sustained. Accordingly, the same is cancelled.

5.     In the result, the appeal of the assessee is allowed.
       Decision pronounced in the open Court on 20.11.2015.

             Sd/-                                       Sd/-
      (SUDHANSHU SRIVASTAVA)                               AGRAWAL)
                                                     (G.D. AGRAWAL)
         JUDICIAL MEMBER                             VICE PRESIDENT


Copy forwarded to: -

1.     Appellant    : Shri Rajesh Aggarwal,
                      C-17, Satyawati Colony, Ashok Vihar,
                      Phase-III, New Delhi.

2.     Respondent : Assistant Commissioner of Income Tax,
                    Circle-19(1), New Delhi.
3.     CIT
4.     CIT(A)
5.     DR, ITAT

                               Assistant Registrar
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