Sec. 271(1)(c) of Income Tax Act, 1961— Penalty —When quantum additions are deleted, the penalty will not survive

Facts: Revenue is aggrieved with the decision of CIT(A) in deleting the penalty levied u/s 271(1)(c).

Held, that CIT(A) has deleted the penalties on the reasoning that the additions, on which the penalties were levied, have since been deleted by the ITAT in as much as the additions made in the assessment based on which penalty have been imposed are themselves deleted in appeal, no penalty u/s 271(1)(c), can either be imposed or sustained at this stage and the same deserve to be cancelled. - ASSTT. CIT V/s PRATHIBHA JEWLLERY HOUSE - [2020] 26 ITCD Online 116 (ITAT-BANGALORE)