Pawan Kumar Rana, New Delhi V. ITO Ward 69(1), New Delhi

ITA 1306/DEL/2023

AI Insights

The case involves an appeal by Pawan Kumar Rana against the order of the CIT(A), National Faceless Appeal Centre (NFAC), which pertained to the assessment year 2020-21. The primary contention in the appeal was regarding the penalty levied by the AO. The tribunal examined the compliance with the procedural requirements under section 285BA(5) of the Income Tax Act, 1961, which pertains to the filing of statements within the prescribed timelines. The tribunal's decision to obliterate the penalty was based on the finding that the assessee had indeed filed the necessary statement within the extended due date, as specified in the notice under the aforementioned section.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 131692 (ITAT-DELHI)
• Duration Of Justice: 1 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-06-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 21-06-2023
• Assessment Year: 2020-2021
• Appeal Filed On: 30-04-2023
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: REEMA JAIN

Judgement Text

THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘SMC’, NEW DELHI Before Sh. Kul Bharat, Judicial Member Dr. B. R. R. Kumar, Accountant Member ITA No. 1306/Del/2023: Asstt. Year: 2020-21 Pawan Kumar Rana, H. No. 445, Bhuto Wali Gali, Vilage- Qutabgarh, North West, New Delhi Vs. ITO, Ward-69(1), New Delhi (APPELLANT) (RESPONDENT) PAN No. AIAPR7828K Assessee by : Ms. Reema Jain, Adv Revenue by : Sh. Om Prakash, Sr. DR Date of Hearing: 22.06.2023 Date of Pronouncement: 23.06.2023 ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present appeal has been filed by the assessee against the order dated 02.03.2023 passed by the ld CIT(A), National Faceless Appeal Centre (NFAC) for AY 2020-21. 2. On going through the record we find that the statement has been filed within the period of “extended due date” as per notice issued u/s 285BA(5) of the Income Tax Act, 1961. The AO has also held that the penalty has been levied as there is no alternate remedy available as per income tax act to drop the penalty proceedings. Hence, keeping in view the facts on record, the penalty levied is hereby obliterated. ITA No. 1306/Del/2023 Pawan Kumar Rana 2 3. In the result, the appeal of the assessee is allowed. Order Pronounced in the Open Court on 23/06/2023. Sd/- Sd/- (Kul Bharat) (Dr. B. R. R. Kumar) Judicial Member Accountant Member Dated: 23/06/2023 *Ajay Kumar Keot, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR