M/s. Chawla Jewellers, New Delhi V. DCIT, New Delhi

ITA 1013/DEL/2016

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 4678 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 3 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 31-05-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2010-2011
• Appeal Filed On: 26-02-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: ASHIMA NEB
• Section: 271(1)(c)

Judgement Text

ITA NO. 1013/D/2016 ASSESSMENT YEAR 2010-11 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B NEW DELHI BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO. 1013/DEL/2016 ASSESSMENT YEAR: 2010-11 M/S CHAWLA JEWELLERS, 2654, BANK STREET, KAROL BAGH, NEW DELHI. (PAN: AAAFC4490J) VS DCIT, CENTRAL CIRCLE-10, E-2, ARA CENTRE, JHANDEWALAN EXTN., NEW DELHI. APPELLANT RESPONDENT ASSESSEE BY : SHRI VIVEK BANSAL, ADV. DEPARTMENT BY: MS ASHIMA NEB , SR. DR DATE OF HEARING : 28.05.2019 DATE OF PRONOUNCEMENT : 31.05.2019 O R D E R PER SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER : THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST TH E ORDER DATED 12.1.2016 PASSED BY THE LD. COMMISSIONER OF I NCOME TAX (APPEALS)-27, NEW DELHI FOR ASSESSMENT YEAR 2010-11 WHEREIN, VIDE THE IMPUGNED ORDER, THE LD. COMMISSIONER OF IN COME TAX (APPEALS) HAS UPHELD THE IMPOSITION OF PENALTY OF R S. 26,45,510/- U/S 271(1)(C) OF THE INCOME TAX ACT, 1961 (HEREINAF TER CALLED 'THE ACT'). ITA NO. 1013/D/2016 ASSESSMENT YEAR 2010-11 2 2.0 AT THE OUTSET, THE LD. AUTHORISED REPRESENTATI VE (AR) SUBMITTED THAT THE QUANTUM APPEAL OF THE ASSESSEE F OR THE YEAR UNDER CONSIDERATION HAS ALREADY BEEN RESTORED TO TH E FILE OF THE ASSESSING OFFICER VIDE ORDER DATED 2.4.2019 IN ITA NO. 1028/DEL/2013. DRAWING OUR ATTENTION TO PARA 8 OF THE SAID ORDER, WHICH WAS PLACED ON RECORD, THE LD. AR SUBMI TTED THAT SINCE THE QUANTUM APPEAL HAS BEEN RESTORED TO THE F ILE OF THE ASSESSING OFFICER, THE PENALTY MATTER ALSO SHOULD G O BACK TO THE ASSESSING OFFICER. 3.0 THE LD. SR. DEPARTMENTAL REPRESENTATIVE (DR) H AD NO OBJECTION TO THE ASSESSEES APPEAL BEING RESTORED T O THE FILE OF THE ASSESSING OFFICER IN VIEW OF THE QUANTUM APPEAL HAV ING BEEN RESTORED TO THE FILE OF THE ASSESSING OFFICER. 4.0 HAVING HEARD THE RIVAL SUBMISSIONS AND THE CONTENTIONS AND KEEPING IN VIEW THE FACT THAT THE A SSESSEES QUANTUM APPEAL HAS SINCE BEEN RESTORED BY A COORDIN ATE BENCH OF THIS TRIBUNAL IN ITA NO. 1028/DEL/2013 VIDE ORDE R DATED 02.04.2019, IT IS OUR CONSIDERED OPINION THAT IT WI LL BE IN THE FITNESS OF THINGS IF THE PENALTY APPEAL IS ALSO RES TORED TO THE FILE OF THE ASSESSING OFFICER. ACCORDINGLY, WE RESTORE THI S APPEAL TO THE FILE OF THE ASSESSING OFFICER WITH THE LIBERTY TO I NITIATE PENALTY ITA NO. 1013/D/2016 ASSESSMENT YEAR 2010-11 3 PROCEEDINGS AFRESH, IF IT IS SO WARRANTED, ONCE THE QUANTUM HAS BEEN DECIDED AFRESH. 5.0 IN THE RESULT, THE APPEAL OF THE ASSESSEE STAN DS ALLOWED FOR STATISTICAL PURPOSES. ORDER PRONOUNCED IN THE OPEN COURT ON 31ST MAY, 20 19. SD/- SD/- (N.K. BILLAIYA) (SUDHANSHU SRI VASTAVA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 31ST MAY ,2019 GS COPY FORWARDED TO: - 1) APPELLANT 2) RESPONDENT 3) CIT(A) 4) CIT 5) DR TRUE COPY BY ORDER ASSTT. REGISTRAR ITA NO. 1013/D/2016 ASSESSMENT YEAR 2010-11 4 DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS /PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P S/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WE BSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER