Sobh Ram, Panipat V. ITO WARD - 4, Panipat

ITA 1844/DEL/2020

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 1773 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 8 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-07-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2013-2014
• Appeal Filed On: 09-11-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 271(1)(c)

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.1844/Del/2020 (Assessment Year : 2013-14) Sobh Ram S/o Sh. Dalip Singh H. No. 54, VPOP Israna, Panipat, Haryana PAN : ARKPR1660E Vs. Income Tax Officer, Ward-4, Panipat (APPELLANT) (RESPONDENT) Assessee by Sh. Satyam Aneja, Adv. Revenue by Sh. Abhishek Kumar, Sr. DR Date of hearing: 27.07.2022 Date of Pronouncement: 29.07.2022 ORDER PER ANUBHAV SHARMA, JM: The appeal has been filed by the assessee against order dated 01.09.2020 in appeal no. IT/15/E/PPT/2019-20 for assessment year 2013-14 passed by Commissioner of Income Tax (Appeal), Karnal (hereinafter referred to as the First Appellate Authority in short ‘Ld. F.A.A.’) in regard to the appeal before it arising out of Penalty order dated 28.03.2019 u/s ITA No1844/Del/2020 Sobh Ram, Panipat 2 271(1)(c) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) passed by Income Tax Officer, Ward-4, Panipat. 2. As the case was called for hearing it was pointed out by Ld. Counsel for the assessee that the quantum appeal arising out of assessment order dated 24.11.2017 for the Assessment year 2013-14 was considered and allowed vide ITA No. 941.Del.2018 vide order dated 10.01.2022. 3. A perusal of the copy of the order placed on record shows that the appeal was disposed off with direction to Ld. CIT(A) to pass afresh appellate order considering the issue of cyclical pattern of the deposit and withdrawals of the bank account if were in the nature of business activity. 4. In the light of aforesaid, the present appeal arising out of the penalty imposed u/s 271(1)(c) of the Act is allowed for statistical purposes and restored to the files of Ld. CIT(A) to dispose the same afresh after considering the outcome of appeal against quantum restored to Ld. CIT(A). Order pronounced in the open court on 29 th July, 2022. Sd/- Sd/- (ANIL CHATURVEDI) (ANUBHAV SHARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER Date:-29 th .07.2022 *Binita, SR.P.S* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI