IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘SMC’ NEW DELHI BEFORE SHRI N.S. SAINI, ACCOUNTANT MEMBER Assessment Years: 2010-11 & 2011-12

Sh. Keshav Garg C/o G.S. Kohli & Co., CAs R-739 (Basement), New Rajinder Nagar, New Delhi. PAN No. AEHPG5861J	vs ITO	Ward 38(2) New Delhi.
APPELLANT		RESPONDENT

Assessee by Sh. Arvind Kumar Maheshwari, CA Revenue by Shri S.L. Anuragi, Sr. DR Date of Hearin g 04.04.2019 Date of Pronounc ement 08.04.2019 ORDER These two appeals filed by the assessee against the order of CIT(Appeals)-13, New Delhi dated 20.08.2018 for the AYs 2010-11 & 2011-12 respectively. These are being disposed of with this consolidated order.

ITA No. 6574/Del/2018 (AY 2010-11):

2. The grounds of appeal of the assessee are as under:

1. “The Ld.CIT(Appeal) was not justified in confirming the penalty imposed u/s 271B of the Income Tax Act, 1961.

2. It is well settled law that the penal action simultaneously cannot be taken u/s 271A as well as 271B of Income Tax Act, 1961. The appellant has conducted the concerned activities for 2 years which no doubt covers 3 Asstt. Years where the penalty was imposed u/s 271(1)(b) for the previous year i.e. AY 2009-10 such penalt

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