Seven Heaven Constructions Pvt Ltd, New Delhi V. ITO WARD - 23(1), New Delhi

ITA 1819/DEL/2020

• Counselvise Citation: [2022] 107 COUNSELVISE.COM (IT) 1014 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 8 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-08-2022
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2013-2014
• Appeal Filed On: 03-11-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Period of limitation; Time period of passing order
• Section: 271(1)(c); 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI (DELHI BENCH ‘G’ : NEW DELHI) BEFORE SH. ANIL CHATURVEDI, ACCOUNTANT MEMBER AND SH. ANUBHAV SHARMA, JUDICIAL MEMBER ITA No.1819/Del/2020, A.Y. 2013-14 M/s. Seven Heaven Constructions Pvt. Ltd. E-11 Arya Nagar Apartment Plot-90, Indraprastha, Delhi-91 TAN : DELS23348D Vs. Commissioner of Income Tax (Appeals)-8, Delhi (APPELLANT) (RESPONDENT) Assessee by Sh. Nubair Alvi, Adv. Revenue by Shri Abhishek Kumar, Sr. DR Date of hearing: 02.08.2022 Date of Pronouncement: 02.08.2022 ORDER PER ANUBHAV SHARMA, JM: The assessee has filed the present appeal against the order dated 18.08.2020 in regard to assessment year 2013-14 passed by Commissioner of Income Tax (Appeals)-8, New Delhi whereby the penalty order dated 11.03.2019 passed u/s 271(1)(c) of the Income Tax Act, 1961 by ITO, Ward-23(1), New Delhi levying penalty of Rs. 2,47,200/- was upheld. ITA No. 1819/Del/2020 Seven Heaven Construction Pvt. Ltd. 2 2. As the case was called for hearing, application has been filed for withdrawal of the appeal and submitting that the quantum appeal ITA no. 2416/Del/2018 has been dismissed, consequent to the settlement arrived by the assessee under the Direct Tax Vivad Se Viswas Act, 2020. Form no. 5 as issued to the assessee by the Revenue department on 17.02.2021 has been placed on record. It is settled proposition of law now that once quantum appeal is settled under the VSVS, the penalty appeal unless specifically not covered also deserves to be allowed. 3. However, the record shows that the appeal in hand is filed after limitation period and delay of 5 days and penalty order u/s 271(1)(c) of the Act and the assessment order u/s 143(3) of the Act have not been filed and registry has made objections in that regard. 4. In the light of aforesaid, the delay of 5 days is condoned and the appeal in hand is dismissed withdrawn with direction to the assessee to place on record, the penalty order and the assessment order in 7 days. Order pronounced in the open court on 2 nd August, 2022. Sd/- Sd/- (ANIL CHATURVEDI) (ANUBHAV SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER Date:- 02 .08.2022 *Binita, SR.P.S* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI