Manish Periwal, New Delhi V. ACIT, Central Circle-2, New Delhi

ITA 1089/DEL/2018

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 9752 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 3 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-06-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2006-2007
• Appeal Filed On: 12-02-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Search and seizure; Set aside
• Section: 271(1)(c); 143(3); 153A

Judgement Text

I.T.A. No. 1089/Del/2018 1 IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH “E” NEW DELHI ] BEFORE SHRI G. S. PANNU, PRESIDENT A N D SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER आ.अ.स ं ./I.T.A No. 1089/Del/2018 िनधाªरणवषª/Assessment Year: 2006-07 Shri Manish Periwal, C – 165, Defence Colony, New Delhi – 110 049. बनाम Vs. ACIT, Central Circle : 2, New Delhi. PAN : AFWPP8883K अपीलाथê / Appellant ÿÂयथê / Respondent िनधाªåरतीकìओरसे / Assessee by : Ms. Shweta Bansal, C.A.; राजÖवकìओरसे / Department by : Shri Shashi Bhushan Shukla, [CIT] – D.R.; स ु नवाईकìतारीख/ Date of hearing : 07/06/2022 उĤोषणाकìतारीख/Pronouncement on : 07/06/2022 आदेश / O R D E R PER C. N. PRASAD, J. M. : 1. This appeal is filed by the assessee against the order of the ld. Commissioner of Income Tax (Appeals)-23 [hereinafter referred to as CIT (Appeals)] New Delhi, dated 14.12.2017 in sustaining the penalty levied under Section 271(1)(c) of the Income Tax Act, 1961 (the Act) for assessment year 2006-07. I.T.A. No. 1089/Del/2018 2 2. The ld. Counsel for the assessee, at the outset, submits that the quantum addition / disallowance made while completing the assessment under Section 143(3) read with Section 153A of the Act has been deleted by the Tribunal in ITA. No. 5294/Del/2016 dated 18.05.2022. Copy of the order is placed on record. The ld. Counsel for the assessee, therefore, submits that since the quantum addition / disallowance made while completing the assessment has been deleted by the Tribunal, the penalty order passed by the Assessing Officer cannot survive. 3. We have perused the order of the Tribunal in ITA. No. 5294/Del/2016 dated 18.05.2022 for the assessment year 2006-07 and find that the Tribunal held that no addition is called for in the absence of any incriminating material found and seized during the course of search and seizure action. Since the Tribunal deleted the addition made in the assessment order passed under Section 143(3) read with Section 153A of the Act which was the basis for imposition of penalty under Section 271(1)(c) of the Act the penalty order will not survive. Accordingly, the penalty order passed by the Assessing Officer imposing penalty under Section 271(1)(c) of the Act for the assessment year 2006-07 is set aside and the penalty is deleted. 5. In the result, appeal of the Revenue is dismissed. Order pronounced in the open court on : 07/06/2022. Sd/- Sd/- ( G. S. PANNU ) ( C. N. PRASAD ) PRESIDENT JUDICIAL MEMBER Dated : 07/06/2022. *MEHTA* Copy forwarded to : 1. Appellant; 2. Respondent; I.T.A. No. 1089/Del/2018 3 3. CIT 4. CIT (Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, New Delhi. Date of dictation 07.06.2022 Date on which the typed draft is placed before the dictating member 07.06.2022 Date on which the typed draft is placed before the other member 07.06.2022 Date on which the approved draft comes to the Sr. PS/ PS 07.06.2022 Date on which the fair order is placed before the dictating member for pronouncement 07.06.2022 Date on which the fair order comes back to the Sr. PS/ PS 07.06.2022 Date on which the final order is uploaded on the website of ITAT 07.06.2022 Date on which the file goes to the Bench Clerk 07.06.2022 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