Zhilmil Electronics Pvt.Ltd., New Delhi V. ITO,Ward-2(5), Faridabad

ITA 1307/DEL/2023

AI Insights

The case involves Zhilmil Electronics Pvt. Ltd., the appellant, contesting a penalty imposed by the Income Tax Officer, Ward-2(5), Faridabad, the respondent, under section 271(1)(c) of the Income Tax Act, 1961. The penalty was for alleged non-compliance with a notice under section 142(1) dated 05.09.2018. The appellant argued that they had sought an adjournment and attended subsequent hearings, and that the assessment order was completed under section 143(3) after considering their submissions. The tribunal's decision to delete the penalty was based on the failure of the Assessing Officer to specify the date of default in the penalty order.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 131693 (ITAT-DELHI)
• Duration Of Justice: 1 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-06-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 13-06-2023
• Assessment Year: 2016-2017
• Appeal Filed On: 30-04-2023
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: DISHANT SETHI
• Section: 271(1)(c); 143(3); 142(1)

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. 1307/Del/2023 : Asstt. Year: 2016-17 Zhilmil Electronics Pvt. Ltd., IPSO Legal, H-35, 1 st Floor, Jangpura Extension, New Delhi-110014 Vs Income Tax Officer, Ward-2(5), Faridabad-121002 (APPELLANT) (RESPONDENT) PAN No. AAACZ6171A Assessee by : Sh. Dishant Sethi, Adv. Revenue by : Sh. Om Parkash, Sr. DR Date of Hearing: 14.06.2023 Date of Pronouncement: 19.06.2023 ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present appeal has been filed by assessee against the order of National Faceless Appeal Centre (NFAC), Delhi dated 04.03.2023. 2. In this case, the penalty u/s 271(1)(c) of the Income Tax Act, 1961 has been levied on the assessee for non-compliance of notice u/s 142(1) on 05.09.2018. It was submitted that an adjournment has been sought and also that the assessee has attended the subsequent hearings and the Assessment Order has been completed u/s 143(3) after considering the submissions of the assessee. From the penalty order, we find that the specific date of default was not pointed out by the Assessing Officer and hence, the penalty levied is hereby deleted. ITA No. 1307/Del/2023 Zhilmil Electronics Pvt. Ltd. 2 3. In the result, the appeal of the assessee is allowed. Order Pronounced in the Open Court on 19/06/2023. Sd/- Sd/- (Kul Bharat) (Dr. B. R. R. Kumar) Judicial Member Accountant Member Dated: 19/06/2023 *Subodh Kumar, Sr. PS* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR