2026 (5) TMI 1212

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....i Kanishka Garg, C.A. For the Revenue : Ms. Kranti, CIT-D.R. ORDER PER NAVEEN CHANDRA, ACCOUNTANT MEMBER : This captioned appeal is filed by the Revenue against the order of Learned Commissioner of Income Tax (Appeals)-23, Delhi dated 10.11.2025 under section 250 of the Income Tax Act, 1961 (hereinafter referred as 'the Act') arising from the penalty order dated 26.07.2024 by the ACIT,....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... section 271DA to invalidate penalty u/s 271D and deleted the penalty u/s 271D by placing reliance upon Hon'ble Supreme Court's order in the case of CIT vs. Jai Laxmi Rice Mills. 5. The Ld. CIT(A) has ignored that the penalty order was passed by the Addl. Commissioner, who was the statutory authority under Section 271D of the Act. The requirement of AO satisfaction is therefore ir....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rgued that penalty Proceedings u/s 271D of the Act are liable to be quashed in cases where the appeals against Quantum Additions, on the basis of which such Penalty is imposed, are allowed. 5. Per contra, the ld DR relied on the order of AO. 6. We have heard the rival submissions and perused the material available on record. We find that assessment order making quantum addition had been quas....