Imperia Structures Ltd, New Delhi V. ACIT Central circle-15, New Delhi

ITA 2617/DEL/2019

• Counselvise Citation: [2019] 116 COUNSELVISE.COM (IT) 4920 (ITAT-DELHI)
• Duration Of Justice: 4 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-08-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2008-2009
• Appeal Filed On: 26-03-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SURENDER PAL
• Assessee Lawyers: SANJEEV AGGARWAL
• Keywords: Principle of natural justice
• Section: 271(1)(c)

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH I.2, NEW DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER I.T.A. NO. 2617/DEL/2019 A.Y. : 2008-09 IMPERIA STRUCTURES LTD. (PHOENIX DATATECH SERVICES (P) LTD. NOW AMALGAMATED WITH IMPERIA STRUCTURES LTD.) A-25, MOHAN COOPERATIVE, INDUSTRIAL ESTATE, MATHURA ROAD, NEW DELHI 110 044 (PAN: AACC12321R) VS. ACIT, CENTRAL CIRCLE-15, NEW DELHI 110 002 (APPELLANT) (RESPONDENT) ASSESSEE BY : SH. SANJEEV AGGARWAL, ADV. DEPARTMENT BY : SH. SURENDER PAL, SR. DR. ORDER PER H.S. SIDHU: JM THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE IMP UGNED ORDER DATED 30.7.2018 PASSED BY THE LD. CIT(A)-XXVI, NEW DELHI ON THE FOLLOWING GROUNDS:- 1. THE ORDER PASSED BY THE LD. CIT (A) IS BAD IN LAW, WRONG ON FACTS AND AGAINST THE PRINCIPLES OF NATURAL JUSTICE. 2. THAT ON THE FACTS AND IN THE CIRCUMSTANCES OF THE C ASE AND IN LAW THE LD. CIT(A) HAS ERRED IN CONFIRMING IMPOSIT ION OF PENALTY ULS 271(1)(C) OF INCOME TAX ACT, 1961 OF RS. 8,34,300/- ON ADDITION OF RS. 27,00,000/- MADE IN T HE ASSESSMENT ORDER, WITHOUT CONSIDERING THE FACTS THAT THE APPELLANT COMPANY HAS NOT CONCEALED THE INCOME OR FURNISHED INACCURATE PARTICULARS OF INCOME. 2 3. THAT THE LD. CIT(A) HAS ERRED IN CONFIRMING IMPOSIT ION OF PENALTY OF RS. 834300/- ULS 271(1)(C ) OF THE INCOME TAX ACT, 1961 WHEREAS THE ENTIRE ADDITIONS OF RS. 27,00,00 0/- HAS ALREADY BEEN DELETED BY THE HON'BLE ITAT 'G' BEN CH, NEW DELHI VIDE ORDER DT. 28/12/2018 IN ITA NO. 3550/DEL/2017 IN THE QUANTUM APPEAL. 4. THAT THE LD. CIT(A) WHILE CONFIRMING THE PENALTY OF RS. 8,34,300/- ULS 271(1)(C) OF INCOME TAX ACT, 1961 IMPOSED BY THE ASSESSING OFFICER, HAS GROSSLY IGNORED THE FACT THAT AN ADDITION OF RS. 27 LACS WAS MADE BY THE ASSESSING OFFICER TOWARDS ALLEGED BOOKING RECEIVED ON T HE BASIS OF FINDINGS IN THE ASSESSMENT ORDER OF THE APPELLA NT COMPANY FOR AY 2009-10 AND THE ADDITIONS MADE IN THE ORDER FOR AY 2009-10 HAVE ALREADY BEEN DELETED BY T HE HON'BLE ITAT IN APPEAL NO. 2463/DEL/2013 VIDE ORDER DATED 13.06.2016 AND THE DEPARTMENT'S APPEAL AGAINST THE ITAT ORDER HAS ALSO BEEN DISMISSED BY THE HON'BLE DELHI HIGH COURT VIDE ORDER DATED 06.01.2017 IN ITA NO. 804/2016. THE APPELLANT CRAVES LEAVE TO ADD, ALTER, AMEND, DELE TE, FOREGO OR MODIFY ANY OF THE GROUNDS OF APPEAL BEFORE OR AT THE TIME OF HEARING. 2. FACTS NARRATED BY THE REVENUE AUTHORITIES ARE NOT D ISPUTED BY BOTH THE PARTIES, HENCE, THE SAME ARE NOT REPEATED HERE FOR TH E SAKE OF CONVENIENCE. 3. AT THE TIME OF HEARING, LD. COUNSEL OF THE ASSESSEE, HAS STATED THAT ITAT VIDE ITS ORDER DATED 28.12.2018 IN QUANTUM APPE AL NO. 3550/DEL/2017 (AY 2008-09) HAS DELETED THE ENTIRE ADDITION ON WHI CH THE PENALTY IN DISPUTE HAS BEEN IMPOSED. 4. ON THE CONTRARY, LD. DR HAS NOT RAISED ANY SERIOUS OBJECTION ON THE REQUEST OF THE LD. COUNSEL FOR THE ASSESSEE. 5. WE HAVE CAREFULLY CONSIDERED THE SUBMISSIONS AND PER USED THE RECORDS. WE FIND THAT IN ASSESSEES OWN CASE THE ITAT V IDE ITS ORDER DATED 28.12.2018 IN QUANTUM APPEAL NO. 3550/DEL/2017 (AY 2008-09) HAS DELETED THE ENTIRE ADDITIONS ON WHICH THE PENALTY IN DISPUTE H AS BEEN IMPOSED, 3 HENCE, THE PENALTY IN DISPUTE WILL NOT SURVIVE. ACCO RDINGLY, WE DELETE THE PENALTY IN DISPUTE IN THIS APPEAL. 6. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE ST ANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 13/08/2019. SD/- SD/- [PRASHANT MAHARISHI] [H.S. SIDHU] ACCOUNTANT MEMBER JUDICIAL MEMBER DATE 13/08/2019 SRB COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT ASSISTANT REGISTRAR, ITAT, DELHI BENCHES