ACIT, New Delhi V. Sh. Gauri Shanker, New Delhi

ITA 1399/DEL/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 97242 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 5 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-09-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC 1
• Next Hearing Date: 11-08-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 10-03-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GARIMA JAIN
• Assessee Lawyers: S KRISHNAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI BENCH BENCH BENCH BENCH SMC SMC SMC SMC- -- -1 11 1 : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI G.C. GUPTA BEFORE SHRI G.C. GUPTA BEFORE SHRI G.C. GUPTA BEFORE SHRI G.C. GUPTA, VICE , VICE , VICE , VICE PRESIDENT PRESIDENT PRESIDENT PRESIDENT ITA NO ITA NO ITA NO ITA NO . .. . 1399/DEL/2014 1399/DEL/2014 1399/DEL/2014 1399/DEL/2014 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR : : : : 2008 2008 2008 2008 - -- - 09 0909 09 ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, CIRCLE CIRCLE CIRCLE CIRCLE- -- -35(1), 35(1), 35(1), 35(1), ROOM NO.219, D ROOM NO.219, D ROOM NO.219, D ROOM NO.219, D- -- -BLOCK, BLOCK, BLOCK, BLOCK, 2 22 2 ND NDND ND FLOOR, VIKAS FLOOR, VIKAS FLOOR, VIKAS FLOOR, VIKAS BHAWAN, BHAWAN, BHAWAN, BHAWAN, I.P. ESTATE, I.P. ESTATE, I.P. ESTATE, I.P. ESTATE, NEW DELHI NEW DELHI NEW DELHI NEW DELHI 110 002. 110 002. 110 002. 110 002. VS. VS. VS. VS. SHRI GAURI SHANKER, SHRI GAURI SHANKER, SHRI GAURI SHANKER, SHRI GAURI SHANKER, PROP. M/S PEE GEE INTERNATIONAL, PROP. M/S PEE GEE INTERNATIONAL, PROP. M/S PEE GEE INTERNATIONAL, PROP. M/S PEE GEE INTERNATIONAL, D DD D- -- -203, VIVEK VIHAR, 203, VIVEK VIHAR, 203, VIVEK VIHAR, 203, VIVEK VIHAR, DELHI DELHI DELHI DELHI 110 095. 110 095. 110 095. 110 095. PAN : AAXPS7465G. PAN : AAXPS7465G. PAN : AAXPS7465G. PAN : AAXPS7465G. (APPELLANT) (RESPONDENT) APPELLANT BY : MS. GARIMA JAIN, SR.DR. RESPONDENT BY : SHRI S. KRISHNAN, ADVOCATE. DATE OF HEARING : 11.08.2015 11.08.2015 11.08.2015 11.08.2015 DATE OF PRONOUNCEMENT : 08.09.2015 08.09.2015 08.09.2015 08.09.2015 ORDER ORDER ORDER ORDER THIS APPEAL BY THE DEPARTMENT FOR THE ASSESSMENT YEAR 20 08-09 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-XXVII , NEW DELHI DATED 20 TH DECEMBER, 2013. 2. THE GROUNDS OF APPEAL OF THE REVENUE ARE AS UNDER: - 1. THAT THE ORDER OF LD.CIT(A) IS BAD IN LAW AND NO T IN CONSONANCE WITH FACTS OF THE CASE. 2. THE LD.CIT(A) HAS ERRED IN LAW AND ON FACTS IN DEL ETING THE PENALTY AMOUNTING TO RS.10,32,380/- MADE BY THE A.O. UNDER SECTION 271(1)(C) OF THE ACT, 1961. 3. WHETHER ON THE FACTS AND IN THE CIRCUMSTANCES OF TH E CASE, THE LD.CIT(A) HAS ERRED IN GIVING A FINDING THA T THE ITA-1399/DEL/2014 2 EVIDENCE FILED BY THE ASSESSEE ARE SUBSTANTIAL TO CONCLUD E THAT APPELLANT FILED CURRENT PARTICULARS OF HIS INCOM E. 4. WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE LD.CIT(A) HAS ERRED IN GIVING A FINDING THAT PRO VISIONS OF EXPLANATION 1 OF SECTION 271(1)(C) OF THE ACT ARE N OT APPLICABLE IN THIS CASE. 3. LEARNED DR HAS RELIED ON THE ORDER OF THE ASSESSING O FFICER. LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ADDI TION MADE IN THE ASSESSMENT CASE OF THE ASSESSEE WAS DELETED BY THE TRIBU NAL IN THE QUANTUM APPEAL OF THE ASSESSEE FOR THE RELEVANT ASSESSM ENT YEAR 2008-09 BY THE TRIBUNAL IN ITA NO.2581/DEL/2012 DAT ED 28 TH NOVEMBER, 2014 AND, THEREFORE, THERE REMAINS NO BASIS FOR IMPOSI TION OF PENALTY U/S 271(1)(C) OF THE INCOME-TAX ACT, 1961. 4. I HAVE CONSIDERED THE RIVAL SUBMISSIONS AND HAVE PERU SED THE ORDER OF THE ASSESSING OFFICER AND THE LEARNED CIT(A). I FIND THAT THE ADDITION MADE IN THE ASSESSMENT CASE OF THE ASSESSEE WAS DELE TED IN APPEAL BY THE TRIBUNAL FOR THE RELEVANT ASSESSMENT YEAR 2008-09 VIDE ORDER DATED 28 TH NOVEMBER, 2014 (SUPRA) AND, THEREFORE, THERE REMAIN S NO BASIS FOR IMPOSITION OF PENALTY U/S 271(1)(C) OF THE ACT, WHICH WAS RIGHTLY CANCELLED BY THE LEARNED CIT(A). ACCORDING LY, THE GROUNDS OF APPEAL OF THE REVENUE ARE DISMISSED. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSE D. DECISION PRONOUNCED IN THE OPEN COURT ON 8 TH SEPTEMBER, 2015. SD/- (G. (G. (G. (G. C. GUPTA C. GUPTA C. GUPTA C. GUPTA ) )) ) VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VK. ITA-1399/DEL/2014 3 COPY FORWARDED TO: - 1. APPELLANT : ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE CIRCLE CIRCLE CIRCLE- -- -35(1), ROOM NO.219 35(1), ROOM NO.219 35(1), ROOM NO.219 35(1), ROOM NO.219, D , D , D , D- -- -BLOCK, BLOCK, BLOCK, BLOCK, 2 22 2 ND NDND ND FLOOR, VIKAS BHAWAN, I.P. ESTATE, FLOOR, VIKAS BHAWAN, I.P. ESTATE, FLOOR, VIKAS BHAWAN, I.P. ESTATE, FLOOR, VIKAS BHAWAN, I.P. ESTATE, NEW DELHI NEW DELHI NEW DELHI NEW DELHI 110 002. 110 002. 110 002. 110 002. 2. RESPONDENT : SHRI GAURI SHANKER, SHRI GAURI SHANKER, SHRI GAURI SHANKER, SHRI GAURI SHANKER, PROP. M/S PEE GEE INTERNATIONAL, PROP. M/S PEE GEE INTERNATIONAL, PROP. M/S PEE GEE INTERNATIONAL, PROP. M/S PEE GEE INTERNATIONAL, D DD D- -- -203, VIVEK VIHAR, DELHI 203, VIVEK VIHAR, DELHI 203, VIVEK VIHAR, DELHI 203, VIVEK VIHAR, DELHI 110 095. 110 095. 110 095. 110 095. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR