AL TABARAK FROZEN FOODS P. Ltd., NEW DELHI V. ADDL. CIT, SPECIAL RANGE, Ghaziabad

ITA 2354/DEL/2018

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 8020 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-09-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 05-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SURENDER PAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D , NEW DELHI BEFORE SH. N. K. SAINI, AM AND MS. SUCHITRA KAMBLE, JM ITA NO. 2354 /DEL/201 8 : ASSTT. YEAR : 2010 - 1 1 AL - TABARAK FROZEN FOODS P. LTD., LALIT KUMA R SHARMA & ASSOCIATES, F - 223A, GF, MANGAL BAZAR, LAXMI NAGAR, DELHI - 110092 VS ADDL. COMMISSIONER OF INCOME TAX, SPECIAL RANGE, GHAZIABAD - 201001 (APPELLANT) (RESPONDENT) PAN NO. A AECA8288M ASSESSEE BY : SH . LALIT KUMAR SHA RMA , ADV. REVENUE BY : SH. SURENDER PAL , SR. DR DATE OF HEARING : 20 .09 .201 8 DATE OF PRONOUNCE MENT : 24 .09 .201 8 ORDER PER N. K. SAINI, AM: THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE O RDER DATED 15.12.2017 OF LD. CIT(A ) , ALIGARH . 2. THE ONLY GRIEVANCE OF THE ASSESSEE IN THIS APPEAL RELATES TO THE CONFIRMATION OF PENALTY OF RS.6,79,800/ - LEVIED BY THE AO U/S 271(1)(C) OF THE INCOME TAX ACT, 1961. 3. DURING THE COURSE OF HEARING, THE LD . COUNSEL FOR THE ASSESSEE AT THE VERY OUTSET STATED THAT THE QUANTUM ADDITION ON THE BASIS OF WHICH THE IMPUGNED PENALTY WAS LEVIED BY THE AO AND SUSTAINED BY THE LD. CIT(A) HAS BEEN SET ASIDE TO THE FILE OF THE AO BY THE ITAT BENCH SMC , NEW DELHI IN IT A NO.2372/DEL/2015 FOR THE ASSESSMENT YEAR 2010 - 11 IN ASSESSEE S OWN CASE VIDE ORDER DATED 20.06.2018 (COPY OF THE SAID ORDER WAS FURNISHED WHICH IS PLACED ITA NO . 2354 /DE L/2018 AL TABARAK FROZEN FOODS P. LTD. 2 ON RECORD). THE AFORESAID CONTENTION OF THE LD. COUNSEL FOR THE ASSESSEE WAS NOT CONTROVERTED BY THE LD. SR. DR. 4. WE HAVE CONSIDERED THE SUBMISSIONS OF BOTH THE PARTIES AND PERUSED THE MATERIAL AVAILABLE ON THE RECORD. IN THE PRESENT CASE, IT IS AN ADMITTED FACT THAT THE QUANTUM ADDITION ON THE BASIS OF WHICH THE IMPUGNED PENALTY WAS LEVIED BY THE AO HAS BEEN SET ASIDE BY THE ITAT BENCH SMC , NEW DELHI VIDE ORDER DATED 20.06.2018 IN ITA NO. 2372/DEL/2015 FOR THE ASSESSMENT YEAR 2010 - 11. THEREFORE, THE IMPUGNED ORDER IS SET ASIDE AND THE MATTER IS REMANDED BACK TO THE FILE OF THE AO TO BE DECIDED AFTER CONSIDERING THE OUTCOME OF THE AFORESAID REFERRED TO APPEAL. 5 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES . ( ORDER PRON OUNCED I N THE OPEN COURT ON 24 /0 9 / 2018 ) SD/ - SD/ - ( SUCHITRA KAMBLE ) (N. K. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 24 /0 9 /2018 *SUBODH* COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(APPEALS) 5 . DR: ITAT ASSISTANT REGISTRAR