Sh. Om Prakash Takkar, New Delhi V. ITO, Saharanpur

ITA 2539/DEL/2014

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 3319 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-05-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Next Hearing Date: 02-05-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 25-04-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL , DELHI E BENCH , NEW DELHI BEFORE SHRI R.K. PANDA ACCOUNTANT MEMB E R AND SHRI SUD H ANSHU SRIVASTAVA , JUDICIAL MEMBER ITA NO. 2539 /DEL /201 4 [ ASSESSMENT YEAR: 20 0 9 - 1 0 ] SHRI OM PRAKASH THAKKAR S/OSHRI HARBANS LAL PROP. M/S DAYAL CHAND & SONS MORE GANJ, SAHARANPUR & 157 DUDHIYAL APARTMENT NEAR MADHAVAN COLONY PITAMPURA, NEW DELHI (PAN: AAGPT 0770 J ) VS. THE AC I T CIRCLE 15( 1) NEW DELHI (APPELLANT) (RESPONDENT) ASSESSEE BY: SHRI A KARSH GARG, ADV REVENUE BY: SH RI RAJESH KUMAR , SR. DR DATE OF HEARING : 02 .0 5 .2017 DATE OF PRONOUNCEMENT : 02 .0 5 .2017 ORDER PER R.K. PANDA , ACCOUNTANT MEMBER : - THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 30 . 12 .201 3 OF THE CIT (A) , MUZAFFARNAGAR RELATING TO A.Y. 200 9 - 1 0 . 2 ITA NO. 2539 /DEL/201 4 2. LEVY OF PENALTY OF RS. 1,70,000/ - U/S 271(1)(C) OF THE I.T. ACT, 1961 BY THE A.O AND UPHELD BY THE LD. CIT(A) IS THE ONLY ISSUE RAISED BY THE ASSESSEE IN THE GROUNDS OF APPEAL. 3. THE LD. COUNSEL FOR THE ASSESSEE, AT THE OUTSET, FILED A COPY OF THE ORDER OF THE TRIBUNAL, IN ASSESSEES OWN CAS E VIDE ITA NO. 1018/DEL/2013 ORDER DATED 15.03.2016 FOR A.Y 2009 - 10 AND SUBMITTED THAT THE ADDITION MADE BY THE A.O AND UPHELD BY THE LD. CIT(A) HAS BEEN DELETED BY THE TRIBUNAL. SINCE THE VERY BASIS ON WHICH PENALTY HAS BEEN LEVIED DOES NOT SURVIVE, THER EFORE, THE PENALTY SHOULD BE DELETED. 4. THE LD. DR ON THE OTHER HAND, FAIRLY CONCEDED THAT THE TRIBUNAL HAS DELETED THE ADDITION IN THE QUANTUM PROCEEDINGS WHICH IS THE SUBJECT MATTER OF PENALTY. 5. AFTER HEARING BOTH THE SIDES, WE FIND THE VERY BASIS O N WHICH THE PENALTY WAS LEVIED U/S 271(1)(C) OF THE ACT DOES NOT SURVIVE IN VIEW OF THE ORDER OF THE TRIBUNAL DELETING THE ADDITION IN QUANTUM PROCEEDINGS. THEREFORE, PENALTY LEVIED BY THE A.O AND UPHELD BY THE LD. CIT(A) DOES NOT SURVIVE. ACCORDINGLY, TH E GROUND RAISED BY THE ASSESSEE IS ALLOWED. 3 ITA NO. 2539 /DEL/201 4 5 . IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED ORDER PRONOUNCE D IN THE OPEN COURT AT THE TIME OF HEARING ITSELF ON 0 2 .0 5 .2017. ( SUD H ANSHU SRIVASTAVA ) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMB E R DATED: 02 . 0 5 .2017 V. LAKSHMI COPY FORWARDED TO: 1) APPELLANT 2) RESPONDENT 3) CIT 4) CIT (APPEALS) 5) DR: ITAT ASSISTANT REGISTRAR 4 ITA NO. 2539 /DEL/201 4 DATE DRAFT DICTATED ON 02 .0 5 .2017 DRAFT PLACED BEFORE AUTHOR 02 .0 5 .2017 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 02 .0 5 .2017 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. APPROVED DRAFT COMES TO THE SR.PS/PS KEPT FOR PRONOUNCEMENT ON FILE SENT TO THE BENCH CLERK DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. DATE OF DISPATCH OF ORDER.