Sh. Amit Gupta, Gurgaon V. ITO, Gurgaon

ITA 1963/DEL/2017

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 2819 (ITAT-DELHI)
• Duration Of Justice: 2 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-06-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2009-2010
• Appeal Filed On: 03-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S K JAIN SENIOR
• Keywords: Reopening of assessment
• Section: 147

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI BENCH BENCH BENCH BENCH A AA A : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI BEFORE SHRI BEFORE SHRI BEFORE SHRI G.D. AGRAWAL, G.D. AGRAWAL, G.D. AGRAWAL, G.D. AGRAWAL, PRESIDENT PRESIDENT PRESIDENT PRESIDENT AND AND AND AND SHRI BHAVNESH SAINI SHRI BHAVNESH SAINI SHRI BHAVNESH SAINI SHRI BHAVNESH SAINI, JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER ITA ITAITA ITA NO NONO NO . .. . 1963/DEL/2017 1963/DEL/2017 1963/DEL/2017 1963/DEL/2017 ASSESSMENT YEAR : ASSESSMENT YEAR : ASSESSMENT YEAR : ASSESSMENT YEAR : 2009 2009 2009 2009 - -- - 10 1010 10 SHRI AMIT GUPTA, SHRI AMIT GUPTA, SHRI AMIT GUPTA, SHRI AMIT GUPTA, D DD D- -- -253, THE BELAIRE, 253, THE BELAIRE, 253, THE BELAIRE, 253, THE BELAIRE, DLF CITY, PHASE DLF CITY, PHASE DLF CITY, PHASE DLF CITY, PHASE- -- -5, 5,5, 5, GURG GURG GURG GURGAON AON AON AON 122 011. 122 011. 122 011. 122 011. PAN : ABLPG3025F. PAN : ABLPG3025F. PAN : ABLPG3025F. PAN : ABLPG3025F. VS. VS. VS. VS. INCOME TAX OFFICER, INCOME TAX OFFICER, INCOME TAX OFFICER, INCOME TAX OFFICER, WARD WARD WARD WARD- -- -1(1), 1(1), 1(1), 1(1), GURGAON. GURGAON. GURGAON. GURGAON. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SHAILESH GUPTA, ADVOCATE. RESPONDENT BY : SHRI S.K. JAIN, SENIOR DR. DATE OF HEARING : 07.06.2 07.06.2 07.06.2 07.06.2017 017 017 017 DATE OF PRONOUNCEMENT : 13.06.2017 13.06.2017 13.06.2017 13.06.2017 ORDER ORDER ORDER ORDER PER G.D. AGRAWAL, PRESIDENT PER G.D. AGRAWAL, PRESIDENT PER G.D. AGRAWAL, PRESIDENT PER G.D. AGRAWAL, PRESIDENT : :: :- -- - THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEA R 2009-10 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-1, GUR GAON DATED 18 TH JANUARY, 2017. 2. THE ONLY GROUND RAISED BY THE ASSESSEE IS AGAINS T THE LEVY OF PENALTY U/S 271(1)(C) OF THE INCOME-TAX ACT, 1961 A MOUNTING TO `1,09,46,843/-. 3. AT THE TIME OF HEARING BEFORE US, IT WAS POINTED OUT BY THE LEARNED COUNSEL THAT THE PENALTY WAS LEVIED AS A RE SULT OF REASSESSMENT U/S 147 VIDE ASSESSMENT ORDER DATED 12 TH OCTOBER, 2013. THAT IN APPEAL, THE ITAT, IN ITA NO.190/DEL/2016, H AS QUASHED THE REOPENING OF ASSESSMENT AS WELL AS THE CONSEQUENTIA L ASSESSMENT ORDER PASSED THERETO. ONCE THE ASSESSMENT ORDER IT SELF HAS BEEN ITA-1963/DEL/2017 2 QUASHED, THE PENALTY BASED UPON THE ADDITION IN SUC H ASSESSMENT ORDER CANNOT SURVIVE AND THE SAME SHOULD BE QUASHED . 4. LEARNED DR RELIED UPON THE ORDERS OF THE AUTHORI TIES BELOW. 5. WE HAVE CAREFULLY CONSIDERED THE SUBMISSIONS OF BOTH THE SIDES AND PERUSED THE MATERIAL PLACED BEFORE US. SINCE T HE ASSESSMENT ORDER ITSELF HAS BEEN QUASHED BY THE ITAT, THE ADDI TION DOES NOT SURVIVE AND CONSEQUENTLY, THE PENALTY ALSO CANNOT S URVIVE. WE, THEREFORE, CANCEL THE PENALTY LEVIED U/S 271(1)(C) OF THE ACT. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. DECISION PRONOUNCED IN THE OPEN COURT ON 13.06.2017 . SD/- SD/- (BHAVNESH SAINI (BHAVNESH SAINI (BHAVNESH SAINI (BHAVNESH SAINI ) )) ) ( (( ( G.D. AGRAWAL G.D. AGRAWAL G.D. AGRAWAL G.D. AGRAWAL ) )) ) JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER PRESIDENT PRESIDENT PRESIDENT PRESIDENT VK. COPY FORWARDED TO: - 1. APPELLANT : SHRI AMIT GUPTA, SHRI AMIT GUPTA, SHRI AMIT GUPTA, SHRI AMIT GUPTA, D DD D- -- -253, THE BELAIRE, DLF CITY, PHASE 253, THE BELAIRE, DLF CITY, PHASE 253, THE BELAIRE, DLF CITY, PHASE 253, THE BELAIRE, DLF CITY, PHASE- -- -5, 5,5, 5, GURGAON GURGAON GURGAON GURGAON 122 011. 122 011. 122 011. 122 011. 2. RESPONDENT : INCOME TAX OFFICER, WARD INCOME TAX OFFICER, WARD INCOME TAX OFFICER, WARD INCOME TAX OFFICER, WARD- -- -1(1), GURGAON. 1(1), GURGAON. 1(1), GURGAON. 1(1), GURGAON. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR