Honda Access India Pvt. Ltd., Gautam Budh Nagar V. DCIT, Circle- 1, Noida

ITA 192/DEL/2019

AI Insights

The case involves Honda Access India Pvt. Ltd., the appellant, contesting a penalty imposed by the Deputy Commissioner of Income Tax, Circle-I Noida, which was confirmed by the CIT(A)-1, Noida. The penalty was levied following an assessment order that adjusted the company's reported loss for the assessment year 2013-14. The Tribunal had earlier allowed the company's appeal by deleting the additions and disallowances that formed the basis of the penalty. Consequently, the Tribunal directed the deletion of the penalty, as the foundational issues had been resolved in favor of the appellant.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 116141 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 7 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-08-2023
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Next Hearing Date: 28-08-2023
• Assessment Year: 2013-2014
• Appeal Filed On: 10-01-2019
• Other Referred Cases: ITA No.3368/Del/2018
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MUNESH RAJANI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘C’, NEW DELHI BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER AND SH.KUL BHARAT, JUDICIAL MEMBER ITA No.192/Del/2019 Assessment Year: 2013-14 Honda Access India Pvt. Ltd. Plot No.1-D/5, Udyog Vihar, Ecotech-II, Greater Noida, Gautam Budh Nagar, Greater Noida, U.P. PAN No.AACCH9695K Vs DCIT Circle-I Noida (APPELLANT) (RESPONDENT) Appellant by Sh. Manuj Sabharwal, Advocate Respondent by Sh. Munesh Rajani, Sr DR Date of hearing: 29/08/2023 Date of Pronouncement: 29/08/2023 ORDER PER N. K. BILLAIYA, AM: This appeal by the assessee is preferred against the order of the CIT(A)-1, Noida dated 30.08.2018 pertaining to A.Y.2013-14. 2. The sum and substance of the grievance of the assessee is that the CIT(A) erred in confirming the levy of penalty u/s. 271 (1) (c) of the Act amounting to Rs.120980/-. 2 3. The roots for the levy of penalty lie in the assessment order dated 28.03.2016 framed u/s.143(3) of the Act by which returned loss of Rs.11879282/- was assessed at a loss of Rs.10654210/-. The order was challenged before the appellate authorities and the quarrel travelled up to this Tribunal. 4. This Tribunal in ITA No.3368/Del/2018 by order dated 14.06.2023 has deleted the additions/disallowance and the appeal was allowed. 5. Since the basis has been removed the penalty has no legs to stand. We accordingly direct the AO to delete the penalty so levied. The appeal of the assessee is allowed. 6. Decision announced in the open court on 29.08.2023. Sd/- Sd/- [KUL BHARAT] [N.K. BILLAIYA] JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: .08.2023 *Neha* Copy forwarded to: 1. Appellant 2. Respondent 3. CITi 4. CIT(A) 5. DR Asst. Registrar ITAT, New Delhi