ACIT Central Circle-II, Noida V. Apple Sponge & Power Ltd., New Delhi

ITA 1347/DEL/2022

AI Insights

The case involves an appeal by the Revenue against the order of the CIT(A), Kanpur-4, concerning the Assessment Year 2015-16. The primary contention was regarding the validity of the penalty imposed following an assessment order. The Tribunal had previously invalidated the assessment order for the same assessment year in a different case, which was not contested by the Senior Departmental Representative. However, the CIT-DR mentioned that the Revenue had appealed this decision to the Hon'ble High Court. The Tribunal decided that in light of the invalidated assessment order, the penalty could not stand, leading to the dismissal of the Revenue's appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 115714 (ITAT-DELHI)
• Duration Of Justice: 7 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-01-2023
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 16-01-2023
• Assessment Year: 2015-2016
• Appeal Filed On: 02-06-2022
• Other Referred Cases: ITA No.7638/Del/2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : A : NEW DELHI BEFORE SHRI C.M. GARG, JUDICIAL MEMBER AND SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER ITA No1347/Del/2022 Assessment Year: 2015-16 ACIT, Central Circle-II, Noida. Vs. Apple Sponge & Power Ltd., House No.1/3787, 1 st Floor, Bhagwanpur Khera, Ramnagar, Shahdara, Delhi – 110032. PAN: AAFCA1965L (Appellant) (Respondent) Assessee by : Shri Nipun Mittal, CA Revenue by : Shri Kanav Bali, Sr. DR Date of Hearing : 17.01.2023 Date of Pronouncement : 17.01.2023 ORDER PER C.M. GARG, JM: This appeal filed by the Revenue is directed against the order dated 08.03.2022 of the CIT(A), Kanpur-4, for Assessment Year 2015-16. 2. The ld. Sr. DR does not controvert to the contention of the ld. AR that the Tribunal, by order dated 25.02.2022 in ITA No.7638/Del/2018 for same assessment yea 2015-16 has deleted the addition by holding the assessment order framed u/s 143(3) of the Act as invalid. However, the ld. CIT-DR submitted that the Revenue has filed appeal against the order dated 25.02.2022 (supra) before the Hon’ble High ITA No.1347/Del/2022 2 Court, thus, penalty order cannot be set aside till adjudication of the matter by the Hon’ble High Court. 3. Accordingly, in view of above factual position and orders of the Tribunal in quantum appeal quashing the assessment order, grounds of the Revenue are disposed of by holding that penalty does not survive, in view of finding of the Tribunal order dated 25.02.2022 (supra). However, before we part with the order, we make it clear that the Revenue will be entitled to seek recall of this order as per outcome of the judgement of the Hon’ble High Court, if required. 4. In the result, the appeal filed by the Revenue is dismissed. Order pronounced in the open court on 17.01.2023. Sd/- Sd/- (PRADIP KUMAR KEDIA) (C.M. GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 17 th January, 2023. dk Copy forwarded to : 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asstt. Registrar, ITAT, New Delhi