Jagat Singh, Jind V. ITO, Ward- 38(3), New Delhi

ITA 2522/DEL/2018

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 0020 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 3 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-07-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: C
• Assessment Year: 2009-2010
• Appeal Filed On: 11-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANIMA
• Assessee Lawyers: R R SINGLA
• Section: 271(1)(c); 143(3); 22; 68

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 K.N. CHARY, JUDICIAL MEMBE R ITA NO. 2522/DEL/2018 [A.Y 2009-10] SHRI JAGAT SINGH, VS. THE INCOME TAX OFFICER PRESENT ADDRESSS : 704/15 WARD 21(4) KRISHNA COLONY, JIND HARYANA DELHI PAN: AVRPS 5013 P [APPELLANT] [RESPONDENT] ASSESSEE BY : SHRI R.R. SINGLA, A DV REVENUE BY : MS. ANIMA, SR. DR DATE OF HEARING : 22.07.2021 DATE OF PRONOUNCEMENT : 22.07.2021 ORDER PER N.K. BILLAIYA, ACCOUNTANT MEMBER, THIS APPEAL BY THE ASSESSEE IS PREFERRED AGAINST TH E ORDER OF THE CIT(A) - 13, NEW DELHI DATED 27.02.2018 PERTAINING TO A.Y 2009-10 . 2 2. THE SUM AND SUBSTANCE OF THE GRIEVANCE OF THE ASSES SEE IS THAT THE LD. CIT(A) ERRED IN CONFIRMING THE PENALTY LEVI ED BY THE ASSESSING OFFICER AMOUNTING TO RS. 22,61,514/- U/S 271(1)(C) OF THE INCOME-TAX ACT, 1961 [HEREINAFTER REFERRED TO AS 'THE ACT']. 3. THE ROOTS FOR LEVY OF PENALTY LIE IN THE ASSESSM ENT ORDER DATED 28.12.2011 FRAMED U/S 143(3) OF THE ACT WHEREIN THE RETURNED INCOME OF RS. 1,55,650/- WAS ASSESSED AT RS. 68,08,650/- A FTER MAKING ADDITION U/S 68 OF THE ACT AMOUNTING TO RS. 66,53,000/-. 4. THE QUARREL TRAVELLED UPTO THE TRIBUNAL, AND THE TRIBUNAL VIDE ORDER DATED 10.07.2018 IN ITA NO. 2412/DEL/2015 DEC IDED THE QUARREL AS UNDER: 7. ASSESSEE HAD PRODUCED BEFORE ASSESSING OFFICER THE SUMMARY OF ALL BANK ACCOUNT FOR THE YEAR 2008-09 WITH CASH FLOW STATEMENT AND LIST OF PERSON WHOM THE ADVANCES WERE GIVEN WITH THEIR AFFIDAVITS, AADHAR CARDS AND BANK ACCOUNTS ST ATEMENT AVAILABLE AT PAGE 59 TO 95 OF THE PAPER BOOK, WHICH HAVE NOT BEEN CONSIDERED BY THE AO AS WELL AS BY THE LD. CIT(A). IN VIEW OF THE MATTER, IT WOULD BE IN THE INTEREST OF JUSTICE TO S ET ASIDE THE MATTER TO THE AO TO DECIDE AFRESH AFTER GIVEN AN OP PORTUNITY OF BEING HEARD TO THE ASSESSEE BY PASSING A SPEAKING O RDER AND BY 3 TAKING INTO CONSIDERATION THAT THE ASSESSEE IS AN A GRICULTURIST AND HAS BROUGHT ON RECORD THE ENTIRE DETAILS CONCERNING ADDITIONS IN QUESTION. CONSEQUENTLY, APPEAL FILED BY THE ASSESSE E STANDS ALLOWED FOR STATISTICAL PURPOSES. 5. SINCE THE FOUNDATION HAS BEEN RESTORED TO THE FI LE OF THE ASSESSING OFFICER TO BE DECIDED AFRESH, WE DEEM IT PROPER AND JUST TO RESTORE THIS ISSUE OF LEVY OF PENALTY U/S 271(1)(C) OF THE ACT TO THE FILE OF THE ASSESSING OFFICER. THE ASSESSING OFFICER IS DIRECTED TO DECIDE THE LEVY OF PENALTY AFRESH AFTER DECIDING THE QUANT UM. 6. IN THE RESULT THE APPEAL OF THE ASSESSEE IN ITA NO. 2522/DEL/2018 IS ALLOWED FOR STATISTICAL PURPOSES. THE ORDER IS PRONOUNCED IN THE OPEN COURT IN THE PR ESENCE OF BOTH THE RIVAL REPRESENTATIVE ON 22.07.2021. SD/- SD/- [ K.N. CHARY ] [N.K. BILLAIYA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 22 ND JULY, 2021 VL/ 4 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI DATE OF DICTATION ATE 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 REGISTRAR FOR SIGNATURE ON THE ORDER DATE OF DISPATCH OF THE ORDER