ACIT, New Delhi V. M/s Gateway Impex Pvt. Ltd., New Delhi

ITA 110/DEL/2011

• Counselvise Citation: [2011] 135 COUNSELVISE.COM (IT) 0073 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-03-2011
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 16-03-2011
• Assessment Year: 2003-2004
• Appeal Filed On: 10-01-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MONA MOHNATY
• Assessee Lawyers: SANTOSH KUMAR AGARWAL
• Keywords: Set aside
• Section: 54

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH C NEW DELHI) BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER AND SHRI A.K. GARODIA, ACCOUNTANT MEMBER I.T.A. NO.110/DEL/2011 ASSESSMENT YEAR : 2003-04 ACIT, GATEWAY IMPEX PVT. LTD., CIRCLE-12 (1), LOTUS TOWER, COMMUNITY CENTRE, NEW DELHI. V. NEW FRIENDS COLONY, NEW DELHI. (APPELLANT) (RESPONDENT) PAN /GIR/NO. PAN /GIR/NO. PAN /GIR/NO. PAN /GIR/NO.AAACG AAACG AAACG AAACG- -- -6562 6562 6562 6562- -- -C CC C APPELLANT BY : SMT. MONA MOHNATY, SR. DR. RESPONDENT BY : SHRI SANTOSH KUMAR AGARWAL, ADVOCATE . ORDER PER A.K. GARODIA, AM: THIS IS REVENUE'S APPEAL FILED AGAINST THE ORDER OF LD CIT(A)-XV, NEW DELHI DATED 20.10.2010 FOR ASSESSMENT YEAR 2. GROUNDS RAISED BY THE REVENUE ARE AS UNDER:- 1.ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LAW , THE ORDER OF THE CIT(A) IS ERRONEOUS, PERVERSE, ILLEGAL AN D AGAINST THE PROVISIONS OF LAW WHICH IS LIABLE TO BE SET ASIDE. PAGE 2 OF 4 ITA NO110./DEL/11 2. ON THE FACTS AND CIRCUMSTANCES OF THE CASE AND IN LA W, THE LD CIT(A) HAS ERRED IN DELETING THE PENALTY IMPOSED OF ` .13,34,268/- BY THE ASSESSING OFFICER U/S 271(1)( C) . 3. LD DR OF THE REVENUE SUPPORTED THE PENALTY ORDER WHEREAS LD AR OF THE ASSESSEE SUPPORTED THE ORDER OF LD CIT(A). IT IS A LSO SUBMITTED THAT IN THE QUANTUM APPEAL, THE TRIBUNAL HAS SET ASIDE THE ENTIRE ASSESSMENT ORDER AND HAS RESTORED THE ENTIRE MATTER BACK TO THE FILE OF THE ASSESSING OFFICER FOR DE NOVO ASSESSMENT IN I.T.A. NO . 3405 & 3777/DEL/2007 DATED 30.11.2009. HE SUBMITTED A COP Y OF THIS TRIBUNAL DECISION. HE ALSO SUBMITTED A COPY OF DE NOVO ASSESSMENT ORDER PASSED BY THE ASSESSING OFFICER ON 21.12.2010 U/S 143(3)/2 54 OF THE INCOME TAX ACT, 1961 AND SUBMITTED THAT IN THE DE NO VO ASSESSMENT, THE ASSESSING OFFICER HAS MADE ADDITION OF `.255405/- ON LY AS AGAINST THE ADDITION OF `.29982942/- MADE BY HIM IN THE ORI GINAL ASSESSMENT ORDER DATED 31.1.2006. IT IS ALSO SUBMITTED THAT IN T HE ASSESSMENT ORDER FRAMED BY THE ASSESSING OFFICER DE NOVO AS PER THE TRIBUNAL DIRECTION, THE ASSESSING OFFICER HAS AGAIN INITIATED PE NALTY PROCEEDINGS U/S 271(1) (C) OF THE INCOME TAX ACT, 1961. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS AND HAVE GONE TH ROUGH THE MATERIAL AVAILABLE ON RECORD AND THE TRIBUNAL DECISI ON IN ASSESSEES OWN CASE FOR THE SAME ASSESSMENT YEAR IN QUANTUM PROCEEDI NGS AND ALSO THE DE NOVO ASSESSMENT ORDER PASSED BY THE ASSESSING O FFICER ON 21.12.2010 AS PER THE DIRECTION OF THE TRIBUNAL SIN CE THE ORIGINAL ASSESSMENT ORDER HAS BEEN SET ASIDE BY THE TRIBUNAL, THE P ENALTY IMPOSED BY THE ASSESSING OFFICER ON THE BASIS OF ADDITIONS/DISALLOWANCES IN THAT ASSESSMENT ORDER DOES NOT SU RVIVE AND IF AT ALL, ANY PENALTY IS TO BE IMPOSED, THE SAME HAS TO BE IN CONNECTION WITH THE ADDITIONS MADE BY THE ASSESSING OFFICER IN T HE DE NOVO PAGE 3 OF 4 ITA NO110./DEL/11 ASSESSMENT ORDER DATED 21.12.2010. IN THIS DE NOVO ASSESSME NT ORDER, THE ASSESSING OFFICER HAS AGAIN INITIATED PENALTY PROCEEDINGS AND HENCE, THE PRESENT PENALTY DOES NOT SURVIVE. UND ER THESE FACTS, WE DO NOT FIND ANY REASON TO INTERFERE IN THE ORDER OF LD CIT(A). 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE IS DISMISSED. 6. ORDER PRONOUNCED IN THE OPEN COURT ON THE DAY OF 25 TH MARCH, 2011. SD/- SD/- (I.P. BANSAL) (A.K. GAR ODIA) JUDICIAL MEMBER ACCOUNTANT MEMBER DT. 25.3.2011. HMS COPY FORWARDED TO:- 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT (A)-, NEW DELHI. 5. THE DR, ITAT, LOKNAYAK BHAWAN, KHAN MARKET, NEW DEL HI. TRUE COPY. BY ORDER (ITAT, NEW DELHI). PAGE 4 OF 4 ITA NO110./DEL/11