2026 (7) TMI 1733

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....KUMAR GUPTA For the Petitioner Through: Mr. Kamal Sawhney and Mr. Nishank Vashistha, Advs. For the Respondents Through: Mr. Gaurav Gupta, SSC with Mr. Shivendra Singh, JSC and Mr. Yogit Pareek, JSC. ORDER 1. By way of the present writ petitions, the petitioner has challenged the order dated 31.03.2026 passed by the Assistant Commissioner, Income Tax, New Delhi (2)(2)(1) [hereinafter re....

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....ted 21.05.2025 had set aside the assessment order and decided the issue relating to fee for technical services in favour of the assessee, and the assessment order had been set aside by the Tribunal vide order dated 21.05.2025, the petitioner had brought the said fact to the notice of the AO during the penalty proceedings and had requested him to drop the penalty proceedings. However, the AO did no....

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.... when the impugned order was passed, the Department was in the process of filing an appeal against the order of the Tribunal and thus, the Assessing Officer was justified in passing the impugned penalty order, as he was hopeful of getting a stay on the operation of the Tribunal's order. 8. Mr. Kamal Sawhney, learned counsel for the petitioner in rejoinder, submitted that although the Department....

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.... for the creation of demand had ceased to exist by virtue of findings returned by the superior fact-finding Authority, which were binding upon the AO. Once the basis of assessment had gone, the very foundation of misrepresentation or misreporting of the income also vanished. 11. That apart, the provision imposing the penalty, namely Section 275(1A), unequivocally provides that, until the procee....