Jain D. Kumar & Sons (HUF), Delhi V. ACIT, New Delhi

ITA 2351/DEL/2013

• Counselvise Citation: 235120114 RSA 2013
• Duration Of Justice: 1 year(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-05-2014
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 19-05-2014
• Assessment Year: 2007-2008
• Appeal Filed On: 22-04-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S N BHATIA
• Assessee Lawyers: SAURABH GOEL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D, NEW DELHI BEFORE SH. R. S. SYAL, AM AND SH. I. C. SUDHIR, JM ITA NO. 2351/DEL/2013 : ASSTT. YEAR : 2007-08 JAIN D. KUMAR & SONS (HUF), 24, FLAG STAFF ROAD, CIVIL LINES, DELHI-110007 VS ACIT, CIRCLE-20(1), NEW DELHI (APPELLANT) (RESPONDENT) PAN NO. AACHJ4509F ASSESSEE BY : SHRI RAJ KUMAR & SAURABH GOEL, CA REVENUE BY : SHRI S. N. BHA TIA, DR DATE OF HEARING : 19.5.2014 DATE OF PRONOUNCEMENT : 20.5.2014 ORDER PER R. S. SYAL, AM: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE CIT(A) ON 20.12.2012 UPHOLDING PENALTY OF RS. 2 ,78,822/- IMPOSED BY THE ASSESSING OFFICER U/S 271(1)(C) OF THE ACT I N RELATION TO THE ASSESSMENT YEAR 2007-08. 2. AT THE OUTSET, IT WAS SUBMITTED BY THE LD. AR T HAT THE TRIBUNAL, IN IDENTICAL CIRCUMSTANCES HAS DELETED THE PENALTY IN THE CASE OF ONE OF THE ASSOCIATED CONCERNS INVOLVED IN THE SAME TRANSACTIO N. A COPY OF THE TRIBUNAL ORDER DATED 11.4.2014 PASSED IN THE CASE O F RAJINDER KUMAR JAIN (HUF) (ITA NO. 2350/DEL/2013) WAS PLACED ON RECORD. THE LD. DEPARTMENTAL REPRESENTATIVE, ON THE PERUSAL OF SUCH ORDER, FAIRLY ITA NO. 2351/DEL/2013 JAIN D. KUMAR & SONS (HUF) 2 ADMITTED THAT THE FACTS AND CIRCUMSTANCES OF THE IN STANT APPEAL WERE SIMILAR TO THOSE CONSIDERED AND DECIDED BY THE TRIB UNAL IN THE AFORENOTED CASE. 3. IN VIEW OF THE FACT THAT BOTH THE SIDES HAVE AGREED THAT THE FACTS AND CIRCUMSTANCES OF THE INSTANT APPEAL ARE MUTATIS MUT ANDIS SIMILAR TO THOSE OF RAJINDER KUMAR JAIN (HUF) (SUPRA), RESPECTFULL Y FOLLOWING THE PRECEDENT WE HOLD THAT NO PENALTY IS LEVIABLE IN TH IS CASE. ERGO, THE PENALTY IS DIRECTED TO BE DELETED. 4. IN THE RESULT, THE APPEAL IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 20/5/2014 . SD/- SD/- (I. C. SUDHIR) (R. S. SYAL) JUDICIAL MEMBER ACCOUNTANT MEMBE R DATED: 20/5 /2014 *SUBODH* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR