G D EDUCATIONAL SOCIETY, NOIDA V. CIT(A)- 1, Noida

ITA 1998/DEL/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 7392 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-04-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2010-2011
• Appeal Filed On: 22-03-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 271(1)(c); 143(3)

Judgement Text

1 THE INCOME TAX APPELLATE TRIBUNAL, DELHI C BENCH, NEW DELHI [THROUGH VIDEO CONFERENCE] BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER, AND SHRI SUDHANSHU SRIVASTAVA, JU DICIAL MEMBER ITA NO. 1998/DEL/2018 [ASSESSMENT YEAR: 2010-11] M/S G.D. EDUCATIONAL SOCIETY VS. THE C.I.T(A)- 1 73, SECTOR 34 NOIDA NOIDA PAN: AAATG 0921 E [APPELLANT] [RESPONDENT] DATE OF HEARING : 06.04.2021 DATE OF PRONOUNCEMENT : 06.04.2021 ASSESSEE BY : SHRI SOMIL AGARWAL, CA REVENUE BY : MS. KIRTI SANKRATYAYAN, SR. DR ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER, THIS APPEAL BY THE ASSESSEE IS PREFERRED AGAINST TH E ORDER OF THE LD. CIT(A) 1, NOIDA DATED 25.09.2017 PERTAINING T O ASSESSMENT YEAR 2010-11. 2 2. THE SUM AND SUBSTANCE OF THE GRIEVANCE OF THE AS SESSEE IS THAT THE LD. CIT(A) ERRED IN IMPOSING PENALTY U/ S 271(1)(C) OF THE INCOME TAX ACT, 1961 [HEREINAFTER REFERRED T O AS 'THE ACT' FOR SHORT] ON THE ENHANCED INCOME OF RS. 2,37, 66,767/-. 3. THE ROOTS FOR LEVY OF PENALTY LIE IN THE ORDER O F THE LD. CIT(A) DATED 30.03.2017 BY WHICH THE LD. CIT(A) ENH ANCED THE ASSESSED INCOME OF 3,38,750/- BY THE ASSESSING OFFICER VIDE ORDER DATED 20.03.2013. THE ASSESSED INCOME OF RS. 3,38,750/- WAS ENHANCED BY RS. 2,37,66,767/-. 4. THE ORDER OF THE LD. CIT(A) IN THE QUANTUM PROCE EDINGS WAS CHALLENGED BEFORE THE TRIBUNAL AND THE TRIBUNAL IN ITA NO. 3924/DEL/2017 ORDER DATED 30.07.2018 HAS REMITT ED THE MATTER TO THE FILE OF THE ASSESSING OFFICER FOR FRE SH ADJUDICATION WITH CERTAIN DIRECTIONS. 5. PURSUANT TO THE DIRECTIONS OF THE TRIBUNAL, THE ASSESSING OFFICER FRAMED ASSESSMENT U/S 143(3) R.W.S 254 OF T HE ACT VIDE ORDER DATED 10.12.2019 AND THE INCOME WAS ASSE SSED AT RS. NIL. 3 6. SUBLATO FUNDAMENTO CADIT OPUS, MEANING THEREBY, THAT IN CASE THE FOUNDATION IS REMOVED, THE SUPER STRUCTURE FALL S. SINCE THE FOUNDATION [ADDITION] HAS BEEN REMOVED, THE SUPER S TRUCTURE I.E. PENALTY MUST FALL. WE, ACCORDINGLY, DIRECT THE LD. CIT(A) TO DELETE THE PENALTY SO LEVIED. 7. IN THE RESULT, THE APPEAL OF THE ASSESSEE IN ITA NO. 1998/DEL/2018 IS ALLOWED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 06.04. 2021 IN THE PRESENCE OF BOTH THE RIVAL REPRESENTATIVES. SD/- SD/- [SUDHANSHU SRIVASTAVA ] [N.K. BILLAIYA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 06 TH APRIL, 2021 VL/ COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT ASST. REGISTRAR 4. CIT(A) ITAT, NEW DELHI 5. DR 4 DATE OF DICTATION DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE OTHER MEMBER DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS /PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE DICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P S/PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WE BSITE OF ITAT DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH THE FILE GOES TO THE HEAD CLERK THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER