Patti Ram, Delhi V. ITO, Ward- 26(1), New Delhi

ITA 1800/DEL/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 0757 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 4 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-07-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2007-2008
• Appeal Filed On: 14-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: GAURAV PUNDIR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F, NEW DELHI BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER AND SH. MAHAVIR PRASAD, JUDICIAL MEMBER (THROUGH VIDEO CONFERENCING) ITA NO.1800/DEL/2018 ASSESSMENT YEAR: 2007-08 PATTI RAM MANOJ KUMAR MITTAL & CO. CAS, 305, DAKHA CHAMBER 2068/38, NAI WALA, KAROL BAGH, NEW DELHI PAN NO. AVEPR0907L VS ITO WARD 26 (1) NEW DELHI (APPELLANT) (RESPONDENT) APPELLANT BY SH.MANOJ KUMAR, CA RESPONDENT BY SH. GAURAV PUNDIR, SR DR DATE OF HEARING: 15/07/2021 DATE OF PRONOUNCEMENT: 15/07/2021 ORDER PER N. K. BILLAIYA, AM: THIS APPEAL FILED BY THE ASSESSEE IS PREFERRED AGA INST THE ORDER OF THE CIT(A)-15, NEW DELHI DATED 29.12.2017 FOR A.Y. 2007-08. 2 2. THE SUM AND SUBSTANCE OF THE GRIEVANCE OF THE AS SESSEE IS THAT THE CIT(A) ERRED IN CONFIRMING THE PENALTY LEV IED U/S. 271 (1) (C) OF THE ACT BY THE AO AMOUNTING TO RS.2925851/-. 3. THE ROOTS FOR THE LEVY OF PENALTY LIE IN THE ASS ESSMENT ORDER DATED 19.12.2011 FRAMED U/S. 143 (3) R.W.S. 147 OF THE ACT. 4. THE QUARREL RELATING TO THE ADDITIONS MADE IN T HE ASSESSMENT ORDER TRAVELLED UPTO THE TRIBUNAL AND TH E TRIBUNAL VIDE ORDER DATED 07.09.2018 IN ITA NO.5529/DEL/2013 QUASHED THE ASSESSMENT ORDER. THE RELEVANT FINDINGS OF THE TRIBUNAL READ AS UNDER :- 5. SINCE THE FOUNDATION HAS BEEN REMOVED BY THE TRI BUNAL THE LEVY OF PENALTY SHOULD FALL. WE DIRECT THE AO TO D ELETE THE PENALTY LEVIED U/S. 271 (1) (C). 3 6. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. 7. DECISION ANNOUNCED IN THE OPEN COURT IN THE PRES ENCE OF BOTH THE REPRESENTATIVES ON 15.07.2021. SD/- SD/- (MAHAVIR PRASAD) (N. K. BILLAIYA) JUDICIAL MEMBER ACCO UNTANT MEMBER *NEHA* DATE:-15.07.2021 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGI STRAR ITAT NEW DELHI 4 DATE OF DICTATION 15.07.2021 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 15.07.2021 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER 15.07.2021 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS/PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WEBSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH FILE GOES TO THE HEAD CLERK. THE DATE ON WHICH FILE GOES TO THE ASSI STANT REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER