ACIT, New Delhi V. M/s. Vishal Surgical Equipment, New Delhi

ITA 197/DEL/2014

• Counselvise Citation: 19720114 RSA 2014
• Duration Of Justice: 1 year(s) 5 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-07-2015
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 04-06-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 09-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K K JAISWAL
• Assessee Lawyers: A K SRIVASTAVA

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 SMC SMC SMC SMC : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI G.C. GUPTA BEFORE SHRI G.C. GUPTA BEFORE SHRI G.C. GUPTA BEFORE SHRI G.C. GUPTA, VICE , VICE , VICE , VICE PRESIDENT PRESIDENT PRESIDENT PRESIDENT ITA NO ITA NO ITA NO ITA NO . .. . 197/DEL/2014 197/DEL/2014 197/DEL/2014 197/DEL/2014 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR : : : : 2008 2008 2008 2008 - -- - 09 0909 09 ASSISTANT COMMISSIONER ASSISTANT COMMISSIONER ASSISTANT COMMISSIONER ASSISTANT COMMISSIONER OF OF OF OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, CIRCLE CIRCLE CIRCLE CIRCLE- -- -33(1), 33(1), 33(1), 33(1), NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. VS. VS. VS. VS. M/S VISHAL SURGICAL EQUIPMENT, M/S VISHAL SURGICAL EQUIPMENT, M/S VISHAL SURGICAL EQUIPMENT, M/S VISHAL SURGICAL EQUIPMENT, B BB B- -- -5, RAJENDRA PARK, 5, RAJENDRA PARK, 5, RAJENDRA PARK, 5, RAJENDRA PARK, PUSA ROAD, PUSA ROAD, PUSA ROAD, PUSA ROAD, NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. PAN : AABFV7329Q. PAN : AABFV7329Q. PAN : AABFV7329Q. PAN : AABFV7329Q. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI K.K. JAISWAL, SR.DR. RESPONDENT BY : SHRI A.K. SRIVASTAVA, CA. DATE OF HEARING : 0 00 04 44 4.06.2015 .06.2015 .06.2015 .06.2015 DATE OF PRONOUNCEMENT : 03.07.2015 03.07.2015 03.07.2015 03.07.2015 ORDER ORDER ORDER ORDER THIS APPEAL BY THE REVENUE FOR THE ASSESSMENT YEAR 200 8-09 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-XXVI, N EW DELHI DATED 21 ST OCTOBER, 2013. 2. THE GROUNDS OF APPEAL OF THE REVENUE ARE AS UNDER: - 1. THE LD.CIT(A) HAS ERRED IN DELETING PENALTY OF RS.3,26,304/- LEVIED BY THE AO U/S 271(1)(C). 2. THE LD.CIT(A) HAS ERRED IN NOT APPRECIATING THE F ACT THAT THE ASSESSEE DID NOT APPEAL AGAINST THE ADDITION M ADE BY THE AO. 3. THE LEARNED COUNSEL FOR THE ASSESSEE, AT THE OUTSET, S UBMITTED THAT THE PRESENT APPEAL PREFERRED BY THE REVENUE IS N OT MAINTAINABLE AS THE DISPUTED AMOUNT OF TAX/PENALTY IN THIS CASE IS LE SS THAN `4 LAKHS, ITA-197/DEL/2014 2 THE MONETARY LIMIT FIXED BY THE CBDT FOR FILING APP EALS BY THE DEPARTMENT BEFORE THE TRIBUNAL. 4. LEARNED DR COULD NOT CONTROVERT THE SUBMISSION OF T HE LEARNED COUNSEL FOR THE ASSESSEE. 5. I HAVE CONSIDERED THE RIVAL SUBMISSIONS AND PERUSED TH E ORDER OF THE ASSESSING OFFICER AND THE CIT(A). I FIND THAT THE DISPUTED AMOUNT OF PENALTY IN THIS CASE IS LESS THAN `4 LAKHS, THE LIMIT FI XED BY THE CBDT FOR FILING APPEALS BY THE DEPARTMENT BEFORE THE TRIBUNAL . ACCORDINGLY, I HOLD THAT THE PRESENT APPEAL PREFERRED BY THE REVENU E IS NOT MAINTAINABLE AND IS DISMISSED IN LIMINE . 6. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED . DECISION PRONOUNCED IN THE OPEN COURT ON 3 RD JULY, 2015. SD/- (G. (G. (G. (G. C. GUPTA C. GUPTA C. GUPTA C. GUPTA ) )) ) VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VK. COPY FORWARDED TO: - 1. APPELLANT : ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE CIRCLE CIRCLE CIRCLE- -- -3 33 33(1), 3(1), 3(1), 3(1), NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. 2. RESPONDENT : M/S VISHAL SURGICAL EQUIPMENT, M/S VISHAL SURGICAL EQUIPMENT, M/S VISHAL SURGICAL EQUIPMENT, M/S VISHAL SURGICAL EQUIPMENT, B BB B- -- -5, RAJENDRA PARK, PUSA ROAD, NEW DELHI. 5, RAJENDRA PARK, PUSA ROAD, NEW DELHI. 5, RAJENDRA PARK, PUSA ROAD, NEW DELHI. 5, RAJENDRA PARK, PUSA ROAD, NEW DELHI. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR