Mr. ITO, New Delhi V. M/s. Amit Scan (P) Ltd., New Delhi

ITA 1181/DEL/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 77775 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 3 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-06-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 18-06-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 01-03-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: Y KAKKAR
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : A NEW DELHI BEFORE SHRI J.SUDHAKAR REDDY, AM AND SHRI A.T.VARKEY, J.M. ITA NO: 1181/DEL/2013 A.Y. : 2007-08 ITO WARD 1(4) VS. M/S AMIT SCAN (P) LTD. NEW DELHI 622/IDI, GADODIA ROAD, UPPER ANAND PAR BAT INDUSTRIAL AREA, NEW DELHI (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE DEPARTMENT BY: MS.Y.KAKKAR, SR.D.R. O R D E R PER J.SUDHAKAR REDDY, ACCOUNTANT MEMBER THIS APPEAL IS FILED BY THE REVENUE AGAINST THE ORD ER OF THE LD.CIT(APPEALS)-IV, NEW DELHI DATED 4.12.2012 PERTAINING TO THE ASSESSMENT YEAR 2007-08 ON THE FOLLOWING GROUNDS. 1. THE LD.CIT(APPEALS)-IV, NEW DELHI, HAS ERRED O N FACTS AND IN LAW IN DELETING THE PENALTY IMPOSED U/S 271(1)(C ) ON THE ADDITION OF RS.75 LAKHS AMOUNTING TO RS.22,51,000/-. 2. THE APPELLANT CRAVES LEAVE FOR RESERVING THE RI GHT TO AMEND, MODIFY, ALTER, ADD OR FOREGO ANY GROUNDS OF APPEAL AT ANY TIME BEF ORE OR DURING THE HEARING OF THIS APPEAL. 2. MS.Y.KAKKAR, LD.SR.D.R. APPEARED ON BEHALF OF T HE REVENUE. NONE APPEARED ON BEHALF OF THE ASSESSEE DESPITE ISSUAL O F NOTICE. THERE IS NO REQUEST FOR ADJOURNMENT EITHER. UNDER THE CIRCUMST ANCES, WE DISPOSE OFF THIS CASE EX-PARTE QUA THE ASSESSEE AFTER HEARING THE LD .SR.D.R. PAGE 2 OF 3 3. AFTER HEARING THE LD.SR.D.R., WE FIND THAT THE A DDITION MADE BY THE ASSESSING OFFICER U/S 68 OF THE ACT OF RS.75 LAKHS WAS DELETED BY THE LD.CIT(APPEALS). THE ORDER OF THE FIRST APPELLATE AUTHORITY WAS UPHELD BY THE ITAT. THE REVENUE DID NOT CARRY THE MATTER FURTHER IN APPEAL. UNDER THE CIRCUMSTANCES, WHEN THE ADDITION ITSELF IS DELETED , THE PENALTY ON THIS ADDITION DOES NOT SURVIVE. WE FIND NO INFIRMITY IN THE ORDE R OF THE LD.CIT(APPEALS) DELETING THE PENALTY. 4. IN THE RESULT THE APPEAL OF THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH JUNE, 2014. SD/- SD/- (A.T.VARKEY) (J.SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: THE 27 TH JUNE, 2014 *MANGA PAGE 3 OF 3 COPY OF THE ORDER FORWARDED TO: 1. APPELLANT; 2.RESPONDENT; 3.CIT; 4.CIT(A); 5.DR; 6.GUARD FILE BY ORDER ASST. REGISTRAR