Ms. Sunita Gupta, New Delhi V. ACIT, New Delhi

ITA 1257/DEL/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 6720 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 4 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-07-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 28-07-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 05-03-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K JAIN
• Assessee Lawyers: A K JAIN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : A : NEW DELHI BEFORE SHRI R.S. SYAL, AM & MS SUCHITRA KAMBLE, JM ITA NO.1257/DEL/2014 ASSESSMENT YEAR : 2006-07 SUNITA GUPTA, A-2/14A, MODEL TOWN-I, NEW DELHI. PAN: AAJPG0480F VS. ACIT, CENTRAL CIRCLE-15, NEW DELHI. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI A.K. JAIN, CA DEPARTMENT BY : SHRI S.K. JAIN, DR DATE OF HEARING : 28.07.2016 DATE OF PRONOUNCEMENT : 29.07.2016 ORDER PER R.S. SYAL, AM: THIS APPEAL FILED BY THE ASSESSEE ARISES OUT OF TH E ORDER PASSED BY THE CIT(A) ON 19.12.2013 IN RELATION TO THE ASSESSM ENT YEAR 2006-07 CONFIRMING THE PENALTY IMPOSED BY THE AO U/S 271(1) (C) OF THE ACT. 2. AT THE TIME OF HEARING, IT WAS SUBMITTED BY THE LD. AR THAT THE ADDITION ON THE BASIS OF WHICH THE PENALTY WAS IMPO SED HAS BEEN DELETED ITA NO.1257/DEL/2014 2 BY THE TRIBUNAL VIDE ORDER DATED 28 TH JUNE, 2016 IN ITA NO.3828/DEL/2010. A COPY OF THE ORDER HAS BEEN PLA CED ON RECORD. THE LD. DR DID NOT CONTROVERT THIS FACTUAL POSITION STA TED ON BEHALF OF THE ASSESSEE. 3. WE HAVE HEARD THE RIVAL BUT COMMON SUBMISSIONS A ND PERUSED THE RELEVANT MATERIAL ON RECORD. SINCE THE ADDITION ON THE BASIS OF WHICH THE PENALTY HAS BEEN IMPOSED, STANDS DELETED BY THE TRI BUNAL IN QUANTUM PROCEEDINGS AND THERE IS NOTHING ON RECORD TO DEMON STRATE THAT THE ORDER OF THE TRIBUNAL HAS BEEN MODIFIED OR REVERSED BY TH E HONBLE HIGH COURT, THE IMPUGNED PENALTY CANNOT SUSTAIN. THE SAME IS, T HEREFORE, CANCELLED. 4. IN THE RESULT, THE APPEAL IS ALLOWED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 29.07.201 6. SD/- SD/- [SUCHITRA KAMBLE] [R.S. SYAL] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED, 29 TH JULY, 2016. DK ITA NO.1257/DEL/2014 3 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.