M/s. Schleicher India Ltd., New Delhi V. ACIT, New Delhi

ITA 1703/DEL/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 9141 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 3 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-07-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2004-2005
• Appeal Filed On: 22-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ASHIMA NEB
• Assessee Lawyers: DEEPESH GARG SH PULKIT ADVANI
• Section: 271(1)(c)

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH G : NEW DELHI) BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI B.R.R. KUMAR, ACCOUNTANT MEMBER ITA NO. 1703/DEL/2017 (A.Y. 2004-05) SCHLEICHER INDIA LTD. (NOW KNOWN AS M/S AZALEA SYSTEMS INDIA LTD.) C/O M/S RRA TAXINDIA D-28, SOUTH EXTENSION, PART-I, NEW DELHI 49 (PAN: AAACM1960G) VS. ACIT, CC-18, NEW DELHI ASSESSEE BY SH. DEEPESH GARG, SH. PULKIT ADVANI, ADV. REVENUE BY MS. ASHIMA NEB, SR. DR ORDER PER H.S. SIDHU, JM ASSESSEE HAS FILED THIS APPEAL AGAINST THE IMPUGN ED ORDER DATED 27.1.2017 PASSED BY LD. CIT(A)-27, NEW DELHI ON TH E ISSUE OF PENALTY OF RS. 18,83,440/- MADE U/S. 271(1)(C) OF THE I.T. ACT , 1961. 2. FACTS NARRATED BY THE REVENUE AUTHORITIES ARE NO T DISPUTED BY BOTH THE PARTIES, HENCE, THE SAME ARE NOT REPEATED HERE FOR THE SAKE OF CONVENIENCE. 3. AT THE TIME OF HEARING, LD. COUNSEL FOR THE ASSE SSEE SUBMITTED THAT IN THE QUANTUM APPEAL, THE ADDITIONS HAVE ALREADY BEEN DELETED BY THE TRIBUNAL VIDE ORDER DATED 24.3.2017 IN ASSESSEES O WN CASE IN ITA NO. 2 6253/DEL/2013 (AY 2004-05), HENCE, THE PENALTY IN DISPUTE DOES NOT STAND IN THE EYES OF LAW AND NEEDS TO BE DELETED AN D APPEAL OF THE ASSESSEE MAY ACCORDINGLY BE ALLOWED. 4. AT THE TIME OF HEARING, LD. DR RELIED UPON THE O RDERS OF THE AUTHORITIES BELOW. 5. WE HAVE HEARD BOTH THE PARTIES AND PERUSED THE R ECORDS ESPECIALLY THE IMPUGNED ORDER AS WELL AS THE TRIBUNALS ORDER DATED 24.3.2017 IN ASSESSEES OWN CASE. WE FIND THAT THE TRIBUNAL IN A SSESSEES OWN CASE IN ITA NO. 6253/DEL/2013 AY 2004-05 VIDE ORDER DATED 2 4.3.2017 HAS ALLOWED THE ASSESSEES QUANTUM APPEAL, HENCE, THE PENALTY IN DISPUTE IN THE PRESENT CASE, DOES NOT STAND IN THE EYES OF LA W. THEREFORE, WE DELETE THE PENALTY IN DISPUTE AND ALLOW THE GROUNDS OF ASS ESSEE. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. ORDER PRONOUNCED ON THIS 9 TH DAY OF JULY, 2019. SD/- SD/- (B.R.R. KUMAR) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 09 TH DAY OF JULY, 2019 SRB COPY FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A), NEW DELHI. 5. CIT(ITAT), NEW DELHI AR, ITAT 3