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ITA 1691/DEL/2011

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 6461 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 8 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-12-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Next Hearing Date: 08-12-2016
• Assessment Year: 2002-2003
• Appeal Filed On: 07-04-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANIL KUMAR SHARMA SENIOR

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 B BB B : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI BEFORE SHRI BEFORE SHRI BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT G.D. AGRAWAL, VICE PRESIDENT G.D. AGRAWAL, VICE PRESIDENT G.D. AGRAWAL, VICE PRESIDENT AND AND AND AND SHRI SUDHANSHU SRIVASTAVA SHRI SUDHANSHU SRIVASTAVA SHRI SUDHANSHU SRIVASTAVA SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER ITA NO ITA NO ITA NO ITA NO . .. . 1691/DEL/2011 1691/DEL/2011 1691/DEL/2011 1691/DEL/2011 ASSESSMENT YEAR : ASSESSMENT YEAR : ASSESSMENT YEAR : ASSESSMENT YEAR : 2002 2002 2002 2002 - -- - 03 0303 03 M/S FREESCALE SEMICONDUCTOR M/S FREESCALE SEMICONDUCTOR M/S FREESCALE SEMICONDUCTOR M/S FREESCALE SEMICONDUCTOR INDIA PVT.LTD., INDIA PVT.LTD., INDIA PVT.LTD., INDIA PVT.LTD., PLOT PLOT PLOT PLOT NO.2 & 3, NO.2 & 3, NO.2 & 3, NO.2 & 3, SECTOR SECTOR SECTOR SECTOR- -- -16A, 16A, 16A, 16A, NOIDA. NOIDA. NOIDA. NOIDA. PAN : AAACC3892M. PAN : AAACC3892M. PAN : AAACC3892M. PAN : AAACC3892M. VS. VS. VS. VS. ADDITIONAL COMMISSIONER OF ADDITIONAL COMMISSIONER OF ADDITIONAL COMMISSIONER OF ADDITIONAL COMMISSIONER OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, NOIDA RANGE, NOIDA RANGE, NOIDA RANGE, NOIDA RANGE, NOIDA. NOIDA. NOIDA. NOIDA. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI K.M. GUPTA, ADVOCATE AND SHRI TARUN KUMAR, CA. RESPONDENT BY : SHRI ANIL KUMAR SHA RMA, SENIOR DR. DATE OF HEARING : 08.12.2016 08.12.2016 08.12.2016 08.12.2016 DATE OF PRONOUNCEMENT : 16.12.2016 16.12.2016 16.12.2016 16.12.2016 ORDER ORDER ORDER ORDER PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP : :: :- -- - THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEA R 2002-03 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A), GHAZI ABAD DATED 14 TH JANUARY, 2011. 2. THE ONLY GROUND RAISED IN THIS APPEAL BY THE ASS ESSEE IS AGAINST THE LEVY OF PENALTY UNDER SECTION 271(1)(C) OF THE INCOME-TAX ACT, 1961 AMOUNTING TO `26,54,200/-. 3. AT THE TIME OF HEARING BEFORE US, IT IS SUBMITTE D BY THE LEARNED COUNSEL THAT THIS PENALTY HAD BEEN LEVIED BY THE AS SESSING OFFICER IN RESPECT OF THE ADDITION OF `74,34,469/-. IT WAS PO INTED OUT BY THE LEARNED COUNSEL THAT THE ITAT IN QUANTUM APPEAL VID E ITA NO.759/DEL/2006, ORDER DATED 22 ND JANUARY, 2015 SET ASIDE THE ADDITION ITA-1691/DEL/2011 2 MADE BY THE ASSESSING OFFICER AND RESTORED THE MATT ER TO THE FILE OF THE ASSESSING OFFICER. COPY OF THE ORDER IS FILED BEFORE US. ONCE THE ADDITION IN RESPECT OF WHICH PENALTY HAS BEEN LEVIE D IS SET ASIDE, THE PENALTY CANNOT BE SUSTAINED. WE, THEREFORE, CANCEL THE PENALTY LEVIED U/S 271(1)(C) OF THE ACT WITH THE REMARK THAT THE A SSESSING OFFICER WILL BE AT LIBERTY TO REINITIATE PENALTY PROCEEDINGS AFT ER COMPLETING THE FRESH ASSESSMENT IF THE FACTS OF THE CASE SO WARRAN T. WITH THIS REMARK, THE PENALTY LEVIED U/S 271(1)(C) IS CANCELLED. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. DECISION PRONOUNCED IN THE OPEN COURT ON 16.12.2016 . SD/- SD/- (SUDHANSHU SRIVASTAVA (SUDHANSHU SRIVASTAVA (SUDHANSHU SRIVASTAVA (SUDHANSHU SRIVASTAVA ) )) ) ( (( ( G.D. AGRAWAL G.D. AGRAWAL G.D. AGRAWAL G.D. AGRAWAL ) )) ) JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VK. COPY FORWARDED TO: - 1. APPELLANT : M/S FREESCALE SEMICONDUCTOR INDI A PVT.LTD., M/S FREESCALE SEMICONDUCTOR INDIA PVT.LTD., M/S FREESCALE SEMICONDUCTOR INDIA PVT.LTD., M/S FREESCALE SEMICONDUCTOR INDIA PVT.LTD., PLOT NO.2 & 3, SECTOR PLOT NO.2 & 3, SECTOR PLOT NO.2 & 3, SECTOR PLOT NO.2 & 3, SECTOR- -- -16A, NOIDA. 16A, NOIDA. 16A, NOIDA. 16A, NOIDA. 2. RESPONDENT : ADDITIONAL COMMISSIONER OF INCOME T AX, ADDITIONAL COMMISSIONER OF INCOME TAX, ADDITIONAL COMMISSIONER OF INCOME TAX, ADDITIONAL COMMISSIONER OF INCOME TAX, NOIDA RANGE, NOIDA. NOIDA RANGE, NOIDA. NOIDA RANGE, NOIDA. NOIDA RANGE, NOIDA. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR