M/s. Image Promoters Pvt. Ltd., New Delhi V. ACIT, New Delhi

ITA 2137/DEL/2017

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 9244 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 2 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-07-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 10-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: NAINA SOIN KAPIL
• Keywords: Opportunity of being heard

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C, NEW DELHI BEFORE SH. R. K. PANDA, ACCOUNTANT MEMBER AND SH. SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER ITA NO.2137/DEL/2017 ASSESSMENT YEAR: 2005-06 M/S. IMAGE PROMOTERS PVT. C/O. M/S. RRA TAXINDIA, D 28, SOUTH EXTENSION PART- I, NEW DELHI-110049 PAN NO. AAACI5106J VS ACIT CENTRAL CIRCLE30 NEW DELHI (APPELLANT) (RESPONDENT) APPELLANT BY SH. SOMIL AGARWAL, ADVOCATE RESPONDENT BY SHRI NAINA SOIN KAPIL, SR. DR DATE OF HEARING: 02/07/2019 DATE OF PRONOUNCEMENT: 08/07/2019 ORDER PER R.K. PANDA, AM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 17.02.2017 OF THE CIT(A)-30, NEW DELHI RELATING TO A. Y. 2005-06. 2. LEVY OF PENALTY OF RS.12 LACS BY THE ASSESSING O FFICER U/S. 271 (1) (C ) WHICH HAS BEEN CONFIRMED BY THE CIT(A) IS THE ONLY ISSUED RAISED BY THE ASSESSEE IN THE GROUNDS OF APP EAL. PAGE | 2 3. WE HAVE HEARD THE RIVAL ARGUMENTS MADE BY BOTH T HE SIDES. THE LD. COUNSEL FOR THE ASSESSEE DREW THE AT TENTION OF THE BENCH TO THE ORDER OF THE TRIBUNAL IN ASSESSEES OW N CASE VIDE ITA NO.930/DEL/2015 ORDER DATED 29.03.2019 FOR THE A. Y. 2005-06 WHEREIN THE MATTER HAS BEEN RESTORED TO THE FILE OF THE CIT(A) IN THE QUANTUM PROCEEDINGS FOR FRESH ADJUDIC ATION. 4. IN VIEW OF THE ABOVE WE RESTORE THIS ISSUE OF PE NALTY TO THE FILE OF THE CIT(A) WITH A DIRECTION TO DECIDE THE I SSUE AFRESH. THE LD. CIT(A) SHALL DECIDE THE ISSUE AS PER FACT AND L AW AFTER GIVING DUE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. WE HOLD AND DIRECT ACCORDINGLY. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 08.07.2019. SD/- SD/- (SUDHANSHU SRIVASTAVA) (R.K PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER *NEHA* DATE:- 08.07.2019 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI PAGE | 3 DATE OF DICTATION 02.07.2019 DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 03.07.2019 DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.PS /PS DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR. PS/ PS DATE ON WHICH THE FINAL ORDER IS UPLOADED ON THE WE BSITE OF ITAT 08.07.2019 DATE ON WHICH THE FILE GOES TO THE BENCH CLERK DATE ON WHICH FILE GOES TO THE HEAD CLERK. THE DATE ON WHICH FILE GOES TO THE ASSISTANT REGIST RAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER