Kulpreet Kochar, New Delhi V. DCIT, Central Circle-29, New Delhi

ITA 2576/DEL/2018

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0706 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-09-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 13-04-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SURENDER PAL
• Keywords: Opportunity of being heard

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. 2576 /DEL/201 8 : ASSTT. YEAR : 2012 - 13 KULPREET KOCHAR, C/O S. PATHAK & ASSOCIATES , B - 36, SAGAR APARTMENTS, 6, TILAK MARG, NEW DELHI - 110001 VS DCIT, CENTRAL CIRCLE - 29, NEW DELHI (APPELLANT) (RESPONDENT) PAN NO. CHDPK3145E ASSESSEE BY : SH . SANTOSH PATHAK , CA REVENUE BY : SH. SURENDER PAL , SR. DR DATE OF HEARING : 17.09 .201 8 DATE OF PRONOUNCE MENT : 17 .09 .201 8 ORDER PER N. K. SAINI, AM: THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDER DATED 22.02.2018 OF LD. CIT(A ) - 30 , NEW DELHI . 2 . THE ONLY GRIEVANCE OF THE ASSESSEE IN THIS APPEAL RELATES TO THE CONFIRMATION OF PENALTY OF RS.8,01,116/ - LEVIED BY THE AO U/S 271AAA OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT). 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 HAD BEEN SET ASIDE TO THE LD. CIT(A) BY THE ITAT DELHI BENCH C , NEW DELHI IN ITA NO. 2760/DEL/2015 FOR THE ASSESSMENT YEAR 2012 - 13 VIDE ORDER DATED 19.06.2018 (COPY OF THE SAID ORDER WAS FURNISHED WHICH IS PLACED ITA NO . 2576 /DE L/2018 KULPREET KOCHAR 2 ON RECORD). IT WAS STATED THAT SINCE THE QUANTUM ADDITION HAS BEEN SET ASIDE TO THE LD. CIT(A), THE PENALTY U/S 271AAA OF THE ACT MAY ALSO BE SET ASIDE BECAUSE IT IS DIRECTLY LIN KED WITH THE SAID ADDITION. 4. THE LD. SR. DR COULD NOT CONTROVERT THE AFORESAID CONTENTION OF THE LD. COUNSEL FOR THE ASSESSEE. 5 . AFTER CONSIDERING THE SUBMISSIONS OF BOTH THE PARTIES AND THE MATERIAL AVAILABLE ON RECORD, WE DEEM IT APPROPRIATE TO SET ASIDE THIS ISSUE BACK TO THE FILE OF THE LD. CIT(A) TO BE DECIDED AFTER CONSIDERING THE OUTCOME OF THE AFORESAID REFERRED TO APPEAL OF THE ASSESSEE ON THE QUANTUM ADDITION AND BY PROVIDING A DUE AND REASONABLE OPPORTUNITY OF BEING HEARD TO THE ASSESSEE. 6 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES . ( ORDER PRON OUNCED I N THE OPEN COURT ON 17 /0 9 / 2018 ) SD/ - SD/ - ( SUCHITRA KAMBLE ) (N. K. S AINI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 17 /0 9 /2018 *SUBODH* COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(APPEALS) 5 . DR: ITAT ASSISTANT REGISTRAR