ACIT Central Circle-14, New Delhi V. Kartikeya Buildcon Pvt Ltd, New Delhi

ITA 1435/DEL/2020

AI Insights

The case involves an appeal by the Revenue against the order of the CIT(A) which had deleted a penalty imposed on Kartikeya Buildcon Pvt. Ltd. for the Assessment Year 2008-09. The Tribunal referenced a previous decision (ITA No.1164/Del/2018) where the quantum appeal filed by the assessee was allowed, leading to the annulment of the assessment order. This precedent was crucial in the Tribunal's decision to dismiss the Revenue's appeal, as the Departmental Representative did not contest the assessee's submission regarding the annulment of the assessment order.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 130600 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-09-2023
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 03-09-2023
• Assessment Year: 2008-2009
• Appeal Filed On: 22-07-2020
• Other Referred Cases: ITA No.1164/Del/2018
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

Page 1 of 3 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘C’: NEW DELHI BEFORE, SHRI PRADIP KUMAR KEDIA, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR U.S., JUDICIAL MEMBER ITA No.1435/Del/2020 (ASSESSMENT YEAR 2008-09) ACIT Central Circle-14 New Delhi Vs. Kartikeya Buildcon Pvt. Ltd. Room No.266, 2 nd Floor Jhandewalan Extn. New Delhi-110 055 PAN-AACCK 6106C (Appellant) (Respondent) Appellant by Mr. Waseem Arshad, CIT-DR Respondent by Ms. Monika Agarwal, Advocate Date of Hearing 04/09/2023 Date of Pronouncement 13/09/2023 ORDER PER YOGESH KUMAR U.S., JM: This appeal by Revenue filed against the order of Learned Commissioner of Income Tax (Appeals)-26, New Delhi [“Ld. CIT(A)”, for short], dated 30/01/2020 for Assessment Year 2008-09. 2. The Ld. Counsel for the assessee submitted that the Co-ordinate Bench of the Tribunal vide order dated 08.02.2023, allowed the quantum appeal filed by the assessee in ITA No.1164/Del/2018 for AY 2008-09 and placing the same on record submitted that in view of annulling the ITA No.1435/Del/2020 ACIT vs. Kartikeya Buildcon Pvt. Ltd. Page 2 of 3 assessment order in the quantum appeal filed by the Revenue deserves to be dismissed, the said submission made by the Assessee's Representative has not been disputed by the Ld. Departmental Representative. 3. In view of the fact that the addition has been deleted by the Tribunal in ITA No.1164/Del/2018 for AY 2008-09 vide order dated 08.02.2023, the present Appeal filed by the Revenue challenging the deletion of the penalty by the CIT(A) is hereby dismissed. 4. In the result, the appeal filed by the assessee is allowed. Order pronounced in open Court on 13 th September, 2023. Sd/- Sd/- (PRADIP KUMAR KEDIA) (YOGESH KUMAR U.S.) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 13/09/2023 Pk/R.N, Sr ps Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI ITA No.1435/Del/2020 ACIT vs. Kartikeya Buildcon Pvt. Ltd. Page 3 of 3