Sh. Balwant Kumar, Mahendergarh V. ITO, Narnaul

ITA 2250/DEL/2016

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 2840 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 7 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-12-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2011-2012
• Appeal Filed On: 27-04-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ATIQ AHMED SENIOR
• Assessee Lawyers: NAVEEN GUPTA
• Section: 68

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 F FF F : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI BEFORE SHRI BEFORE SHRI BEFORE SHRI G.D. AGRAWAL, G.D. AGRAWAL, G.D. AGRAWAL, G.D. AGRAWAL, PRESIDENT PRESIDENT PRESIDENT PRESIDENT AND AND AND AND SMT. BEENA A. PILLAI SMT. BEENA A. PILLAI SMT. BEENA A. PILLAI SMT. BEENA A. PILLAI, JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER ITA ITAITA ITA NO NONO NO . .. . 2250/DEL/2016 2250/DEL/2016 2250/DEL/2016 2250/DEL/2016 ASSESSMENT YEAR : ASSESSMENT YEAR : ASSESSMENT YEAR : ASSESSMENT YEAR : 2011 2011 2011 2011 - -- - 12 1212 12 SHRI BALWANT KUMAR, SHRI BALWANT KUMAR, SHRI BALWANT KUMAR, SHRI BALWANT KUMAR, PROP. M/S MANOJ KUMAR PROP. M/S MANOJ KUMAR PROP. M/S MANOJ KUMAR PROP. M/S MANOJ KUMAR RAJESH KUMAR, RAJESH KUMAR, RAJESH KUMAR, RAJESH KUMAR, KAN KAN KAN KANINA MANDI, INA MANDI, INA MANDI, INA MANDI, DISTRICT MAHENDERGARH, DISTRICT MAHENDERGARH, DISTRICT MAHENDERGARH, DISTRICT MAHENDERGARH, HARYANA. HARYANA. HARYANA. HARYANA. PAN : ACFPK0213J. PAN : ACFPK0213J. PAN : ACFPK0213J. PAN : ACFPK0213J. VS. VS. VS. VS. INCOME TAX OFFICER, INCOME TAX OFFICER, INCOME TAX OFFICER, INCOME TAX OFFICER, WARD WARD WARD WARD- -- -2, 2,2, 2, NARNAUL. NARNAUL. NARNAUL. NARNAUL. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI NAVEEN GUPTA, ADVOCATE. RESPONDENT BY : SHRI ATIQ AHMED, SENIOR DR. DATE OF HEARING : 20.12.2017 20.12.2017 20.12.2017 20.12.2017 DATE OF PRONOUNCEMENT : 21.12.2017 21.12.2017 21.12.2017 21.12.2017 ORDER ORDER ORDER ORDER PER G.D. AGRAWAL, PER G.D. AGRAWAL, PER G.D. AGRAWAL, PER G.D. AGRAWAL, PRESIDENT PRESIDENT PRESIDENT PRESIDENT : :: :- -- - THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEA R 2011-12 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A), FARID ABAD DATED 24 TH FEBRUARY, 2016. 2. THE ONLY GROUND RAISED BY THE ASSESSEE IN THIS A PPEAL IS AGAINST THE LEVY OF PENALTY OF `47,380/- IMPOSED U/S 271(1) (C) OF THE INCOME- TAX ACT, 1961. 3. AT THE TIME OF HEARING BEFORE US, IT WAS POINTED OUT BY THE LEARNED COUNSEL FOR THE ASSESSEE THAT THE PENALTY W AS LEVIED AS A RESULT OF CERTAIN ADDITIONS MADE U/S 68 OF THE ACT ON ACCOUNT OF BOGUS UNSECURED LOANS. IT WAS SUBMITTED THAT IN QUANTUM PROCEEDINGS FOR SAME ASSESSMENT YEAR, THE ITAT, VIDE ORDER DATED 10 TH JANUARY, 2017 IN ITA-2250/DEL/2016 2 ITA NO.3183/DEL/2016, HAS DELETED THE ADDITIONS MAD E U/S 68 OF THE ACT. A COPY OF THE SAID ORDER WAS PLACED ON RECORD . HE, THEREFORE, PRAYED THAT THE PENALTY MAY ALSO BE DELETED. 4. LEARNED SENIOR DR RELIED UPON THE ORDERS OF AUTH ORITIES BELOW. 5. WE HAVE CAREFULLY CONSIDERED THE SUBMISSIONS OF BOTH THE SIDES AND PERUSED THE MATERIAL PLACED BEFORE US. SINCE T HE ADDITIONS ITSELF HAVE BEEN DELETED BY THE ITAT, THE PENALTY BASED UP ON SUCH ADDITIONS CANNOT SURVIVE. WE, THEREFORE, CANCEL THE PENALTY LEVIED U/S 271(1)(C) OF THE ACT. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. DECISION PRONOUNCED IN THE OPEN COURT ON 21.12.2017 . SD/- SD/- (BEENA A. PILLAI (BEENA A. PILLAI (BEENA A. PILLAI (BEENA A. PILLAI ) )) ) ( (( ( G.D. AGRAWAL G.D. AGRAWAL G.D. AGRAWAL G.D. AGRAWAL ) )) ) JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER PRESIDENT PRESIDENT PRESIDENT PRESIDENT VK. COPY FORWARDED TO: - 1. APPELLANT : SHRI BALWANT KUMAR, SHRI BALWANT KUMAR, SHRI BALWANT KUMAR, SHRI BALWANT KUMAR, PROP. M/S MANOJ KUMAR RAJESH KUMAR, PROP. M/S MANOJ KUMAR RAJESH KUMAR, PROP. M/S MANOJ KUMAR RAJESH KUMAR, PROP. M/S MANOJ KUMAR RAJESH KUMAR, KANINA MANDI, DISTRICT MAHENDERGARH, KANINA MANDI, DISTRICT MAHENDERGARH, KANINA MANDI, DISTRICT MAHENDERGARH, KANINA MANDI, DISTRICT MAHENDERGARH, HARYANA. HARYANA. HARYANA. HARYANA. 2. RESPONDENT : INCOME TAX OFFICER, WARD INCOME TAX OFFICER, WARD INCOME TAX OFFICER, WARD INCOME TAX OFFICER, WARD- -- -2, NARNAUL. 2, NARNAUL. 2, NARNAUL. 2, NARNAUL. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR