M/s. Somdatt Landmark Hotels & Recreations Pvt. Ltd., Kolkata V. DCIT, Kanpur

ITA 2225/DEL/2017

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 2854 (ITAT-DELHI)
• Duration Of Justice: 4 year(s) 2 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-06-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2011-2012
• Appeal Filed On: 12-04-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRAKASH DUBEY
• Assessee Lawyers: TARUN RASTOGI
• Section: 271(1)(c)

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI C BEN CH, NEW DELHI [THROUGH VIDEO CONFERENCE] BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER, AND SHRI AMIT SHUKLA, JUDICIAL MEMB ER ITA NO. 2225/DEL/2017 [A.Y. 2011-12] M/S. SOMDATT LANDMARK HOTELS & VS. DCIT RECREATIONS PVT. LTD., CENTRAL CIRCLE - 2 D-20, SITE NO.2, (FORMERLY ACIT, CENTRAL PANKI INDUSTRIAL AREA, CIRCLE-8, NEW DELHI) KANPUR KANPUR PAN: AAOCS 1821 N [APPELLANT] [RESP ONDENT] ASSESSEE BY : SHRI TARUN RASTOGI, CA REVENUE BY : PRAKASH DUBEY, SR. D.R. DATE OF HEARING : 17.06.2021 DATE OF PRONOUNCEMENT : 17.06.2021 ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER, THIS APPEAL BY THE ASSESSEE IS PREFERRED AGAINST TH E ORDER OF THE CIT(A)-27, NEW DELHI DATED 08.02.2017 PERTAINING TO A.Y 2011-12. 2 2. THE SUM AND SUBSTANCE OF THE GRIEVANCE OF THE ASSES SEE IS THAT THE LD. CIT(A) ERRED IN CONFIRMING THE PENALTY OF R S. 6,05,362/- LEVIED BY THE ASSESSING OFFICER U/S 271(1)(C) OF THE INCOM E-TAX ACT, 1961 [HEREINAFTER REFERRED TO AS 'THE ACT']. 3. AT THE VERY OUTSET, THE LD. COUNSEL FOR THE ASSE SSEE STATED THAT THE ADDITIONS MADE BY THE ASSESSING OFFICER, WHICH PROMPTED THE ASSESSING OFFICER TO LEVY PENALTY U/S 271(1)(C) OF THE ACT WERE DELETED BY THE LD. CIT(A) AND THE REVENUE DID NOT PREFER AN Y APPEAL AGAINST THAT ORDER OF THE LD. CIT(A). HENCE, THE DECISION OF THE LD. CIT(A) HAS ATTAINED FINALITY. 4. THE LD. DR FAIRLY CONCEDED TO THIS. 5. SINCE THE QUANTUM ADDITION HAS BEEN DELETED AND THE DECISION HAS ATTAINED FINALITY, WE DO NOT FIND ANY REASON TO SUSTAIN THE PENALTY LEVIED U/S 271(1)(C) OF THE ACT. WE, ACCORDINGLY, DIRECT THE ASSESSING OFFICER TO DELETE THE PENALTY. 3 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IN ITA NO. 2225/DEL/2017 IS ALLOWED. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 17.06 .2021. SD/- SD/- [ AMIT SHUKLA ] [N.K. BILLAIYA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 17 TH JUNE, 2021 VL/ COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI 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