Mr. Ashutosh Garg, New Delhi V. DCIT, New Delhi

ITA 1826/DEL/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 8055 (ITAT-DELHI)
• Duration Of Justice: 9 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-02-2010
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 23-02-2010
• Assessment Year: 2003-2004
• Appeal Filed On: 04-05-2009
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Set aside
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELATE TRIBUNAL DELHI BENCH-A, NEW DELHI BEFORE SHRI R.P. TOLANI, JUDICIAL MEMBER & SHRI A.K. GARODIA, ACCOUNTANT MEMBER I.T.A.NO.1826 /DEL/209 ASSTT. YEAR 2003-04 MR. ASHUTOSH GARG, VS. THE DY. COMMISSIONER OF IN COME TAX, 85, ANAND LOK, CIRCLE-24(1), NEW DELHI. NEW DELHI. PAN: AAH-PG-6209-J (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SANDEEP GUPTA, C.A. RESPONDENT BY : SHRI ASHOK PANDEY, CIT, D.R. O R D E R PER R.P. TOLANI, JM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF THE CIT(A)-XXIII, NEW DELHI DATED 02.03.2009 PERTAINING TO ASSESSMENT YEAR 2003- 04. 2. FOLLOWING GROUND HAS BEEN RAISED:- THAT THE LEARNED CIT(APPEALS) HAS ERRED BOTH IN LA W AS WELL AS IN FACTS OF THE CASE IN UPHOLDING THE LEVY OF PENALTY U/S 271(1)(C) OF THE ACT AT RS.16,94,003/-. THAT THE LEARNED CIT(A) OUGHT TO HAVE CANCELLED THE IMPUGNED PENALTY. ITA NO.1826/DEL/209 2 3. THE LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET C ONTENDS THAT THE QUANTUM ADDITIONS CAME UP IN APPEAL IN ASSESSEES OWN CASE FOR ASSESSMENT YEAR 2003- 04 IN I.T.A.NO.846/DEL/208 IN WHICH THE ADDITION OF RS.27,46,531/- IN RESPECT OF REIMBURSEMENT OF EXPENSES RECEIVED BY THE ASSESSEE HAS BEEN DELETED BY THE DELHI BENCH-A OF THE TRIBUNAL VIDE ORDER DATED 27TH NOV., 2009. SIMILARLY, THE ADDITION OF RS.26,31,257/- ON ACCOUNT OF FOREIGN RE MITTANCE MADE BY WAY OF ENHANCEMENT OF IN COME BY THE CIT(A) HAS BEEN SET ASIDE AND RESTORED BACK TO THE FILE OF THE ASSESSING OFFICER. IN VIEW THEREOF , THE PENALTY IMPOSED DESERVES TO BE DELETED. 4. WE HAVE HEARD BOTH THE PARTIES AND HAVE CAREFULL Y PERUSED THE ORDERS OF THE LEARNED LOWER AUTHORITIES. SINCE IN THE QUANTU M APPEAL THE ITAT HAS DELETED ONE ADDITION AND SET ASIDE THE OTHER ADDITION QUA W HICH THE PENALTY WAS IMPOSED, THE PENALTY IN QUESTION DESERVES TO BE DEL ETED. THIS GROUND OF APPEAL IS ACCORDINGLY ALLOWED. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 23.02.2010. SD/- SD/- ( A.K. GARODIA ) ( R.P. TOL ANI ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 23.02.2010 VSK ITA NO.1826/DEL/209 3 COPY TO: 1. APPELLANT-ASSESSEE 2. RESPONDENT-REVENUE 3. CIT 4. CIT(A) 5. DR, ITAT, NEW DELHI. ASSISTANT REGISTRAR