Shri Deshpal Singh Kohli, Dehradun V. DCIT, Dehradun

ITA 2196/DEL/2017

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 6090 (ITAT-DEHRADUN)
• Duration Of Justice: 4 year(s) 8 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-12-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: 2011-2012
• Appeal Filed On: 11-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 68

Judgement Text

1 ITA No. 2196/Del/2017 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI “B” BENCH: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER & SHRI C. N. PRASAD, JUDICIAL MEMBER ITA No.2196/Del/2017 [Assessment Year : 2011-12] Deshpal Singh Kohli 46, Saharanpur Road Dehradun ACGPK1599Q vs DCIT Central Circle, Cross Road Dehradun APPELLANT RESPONDENT Appellant by Shri K. K. Juneja, Adv Respondent by Shri T. S. Mapwal, Sr. DR Date of Hearing 20.12.2021 Date of Pronouncement 20.12.2021 ORDER PER C. N. PRASAD, JM : This appeal is filed by the assessee challenging the order of the Ld.CIT(A) in sustaining the penalty levied u/s 271AAA. 2. The Ld. Counsel for the assessee referring to Page No. 41 to 44 of the paper book submits that the quantum appeal has been set aside by the Tribunal in ITA No. 2222 of 2015 dated 17 th August, 2017. The Ld. Counsel submits that this appeal is filed against levy 2 ITA No. 2196/Del/2017 of penalty u/s 271AAA of the Act may also be restored to the file of the Assessing Officer. 3. Ld. DR has no objection. 4. Heard rival submissions and perused the order of the Tribunal. The Tribunal in quantum appeal restored the addition made u/s 68 of the Act in the assessment proceedings to the file of the Assessing Officer for examination of the creditworthiness of the lenders afresh. Therefore, since the Tribunal restored the quantum addition to the file of the Assessing Officer, the penalty levied u/s 271AAA on the basis of the addition made u/s 68 in the assessment order will not survive at this stage. Thus we restore the penalty order to the file of the Assessing Officer who shall consider along with quantum proceedings. 5. In result, the appeal of the assessee is allowed for statistical purpose. Above decision was pronounced on conclusion of Virtual Hearing in the presence of both the parties on 20 th December, 2021. Sd/- Sd/- (R. K. PANDA) (C. N. PRASAD) ACCOUNTANT MEMBER JUDICIAL MEMBER 3 ITA No. 2196/Del/2017 20/12/2021 *R. N* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI