Shree Bankey Bihari Educational Society, Ghaziabad V. JCIT, Ghaziabad

ITA 1474/DEL/2015

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 5331 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 7 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-10-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2007-2008
• Appeal Filed On: 13-03-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VED PRAKASH MISHRA
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: G, NEW DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA.NO.1474/DEL/2015 ASSESSMENT YEAR 2007-2008 SHREE BANKEY BIHARI EDUCATIONAL SOCIETY (REGD.) N.H.24, NEAR MASURI CANAL, DASNA MAURI, GHAZIABAD. UP 201 302.PAN AADTS4243G VS. THE JCIT, RANGE - 2, INCOME TAX OFFICE, CGO COMPLEX-II, HAPUR ROAD, GHAZIABAD. UP 201 001. APPELLANT RESPONDENT ASSESSEE BY : SHRI ARUN KUMAR, ADVOCATE REVENUE BY : SHRI VED PRAKASH MISHRA, SR. D.R. DATE OF HEARING : 15 . 1 0.2018 DATE OF PRONOUNCEMENT : 15 . 1 0.2018 ORDER PER BHAVNESH SAINI, JM THIS APPEAL BY ASSESSEE HAS BEEN DIRECTED AGAINST THE ORDER OF THE LD. CIT(A), GHAZIABAD, DATED 31.12.2014, FOR THE A.Y. 2007-2008, CHALLENGING THE LEVY OF PENALTY UNDER SECTION 271(1)(C.) OF THE I.T. ACT, 1961. 2 ITA.NO.1474/DEL./2015 SHREE BANKEY BIHARI EDUCATIONAL SOCIETY (REGD.) GHAZIABAD, U.P. 2. IN THIS CASE, A.O. MADE ADDITION OF RS.15 LAKHS ON ACCOUNT OF ANONYMOUS DONATION UNDER SECTION 68 OF THE I.T. ACT, 1961. ON THE SAME ADDITION, PENALTY LEVIED UNDER SECTION 271(1)(C) OF THE I.T. ACT, 1961, WHICH WAS CONFIRMED BY THE LD. CIT(A). 3. LEARNED COUNSEL FOR THE ASSESSEE AT THE OUTSET SUBMITTED THAT ASSESSEE PREFERRED AN APPEAL BEFORE THE ITAT, G-BENCH ON QUANTUM ADDITION IN ITA.NO.2497/DEL./2013 FOR A.Y. 2007-2008 WHICH IS DECIDED BY THE TRIBUNAL VIDE ORDER DATED 03.08.2018 WHEREBY THE ADDITION OF RS.15 LAKHS HAVE BEEN DELETED. COPY OF THE ORDER IS PLACED ON RECORD AND SUBMITTED TO THE LD. D.R. WHO HAVE NOT CONTROVERTED THE SAME. 4. AFTER CONSIDERING THE SUBMISSIONS OF BOTH THE PARTIES, WE ARE OF THE VIEW THAT PENALTY IS NOT LEVIED IN THE MATTER. SINCE, QUANTUM ADDITION HAVE BEEN DELETED, ON WHICH, PENALTY WAS LEVIED, THEREFORE, NOTHING SURVIVE IN FAVOUR OF THE REVENUE SO AS TO LEVY PENALTY UNDER SECTION 271(1)(C) OF THE 3 ITA.NO.1474/DEL./2015 SHREE BANKEY BIHARI EDUCATIONAL SOCIETY (REGD.) GHAZIABAD, U.P. I.T. ACT, 1961. WE, ACCORDINGLY, SET ASIDE THE ORDERS OF THE AUTHORITIES BELOW AND CANCEL THE PENALTY. 5. IN THE RESULT, APPEAL OF ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (PRASHANT MAHARISHI) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DELHI, DATED 15 TH OCTOBER, 2018 VBP/- COPY TO 1. THE APP ELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT G BENCH, DELHI 6. GUARD FILE. // BY ORDER // ASSISTANT REGISTRAR : ITAT DELHI BENCHES : DELHI.