Techno Blast Pvt. Ltd., C/o Bharat Explosives Ltd., New Delhi V. ACIT, Noida

ITA 2714/DEL/2016

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 7997 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 11 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-04-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2005-2006
• Appeal Filed On: 12-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S S RANA
• Assessee Lawyers: DR R M MEHTA
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI BENCH BENCH BENCH BENCH G GG G : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI BEFORE SHRI BEFORE SHRI BEFORE SHRI G.D. AGRAWAL, G.D. AGRAWAL, G.D. AGRAWAL, G.D. AGRAWAL, VICE VICE VICE VICE PRESIDENT PRESIDENT PRESIDENT PRESIDENT AND AND AND AND MS. SUCHITRA KAMBLE MS. SUCHITRA KAMBLE MS. SUCHITRA KAMBLE MS. SUCHITRA KAMBLE, JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER ITA ITAITA ITA NO NONO NO . .. . 2714/DEL/2016 2714/DEL/2016 2714/DEL/2016 2714/DEL/2016 ASSESSMENT YEAR : ASSESSMENT YEAR : ASSESSMENT YEAR : ASSESSMENT YEAR : 2005 2005 2005 2005 - -- - 06 0606 06 M/S TECHNO BLAST (P) LTD., M/S TECHNO BLAST (P) LTD., M/S TECHNO BLAST (P) LTD., M/S TECHNO BLAST (P) LTD., C/O BHARAT EXPLOSIVES LTD., C/O BHARAT EXPLOSIVES LTD., C/O BHARAT EXPLOSIVES LTD., C/O BHARAT EXPLOSIVES LTD., 2 22 2 ND NDND ND FLOOR, INDRAPRAKASH FLOOR, INDRAPRAKASH FLOOR, INDRAPRAKASH FLOOR, INDRAPRAKASH BUILDING, BUILDING, BUILDING, BUILDING, 21, BARAKHAMBA ROAD, 21, BARAKHAMBA ROAD, 21, BARAKHAMBA ROAD, 21, BARAKHAMBA ROAD, NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. PAN : PAN : PAN : PAN : AABCT2367H. AABCT2367H. AABCT2367H. AABCT2367H. VS. VS. VS. VS. ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, CIRCLE CIRCLE CIRCLE CIRCLE- -- -1, 1,1, 1, NOIDA (UP). NOIDA (UP). NOIDA (UP). NOIDA (UP). (APPELLANT) (RESPONDENT) APPELLANT BY : DR. R.M. MEHTA, CA. RESPONDENT BY : SHRI S.S. RAN A, CIT - DR. DATE OF HEARING : 22.04.2019 22.04.2019 22.04.2019 22.04.2019 DATE OF PRONOUNCEMENT : 22.04.2019 22.04.2019 22.04.2019 22.04.2019 ORDER ORDER ORDER ORDER PER G.D. AGRAWAL, PER G.D. AGRAWAL, PER G.D. AGRAWAL, PER G.D. AGRAWAL, VICE VICE VICE VICE PRESIDENT PRESIDENT PRESIDENT PRESIDENT : :: :- -- - THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEAR 2005-0 6 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-I, NOID A DATED 29 TH FEBRUARY, 2016 AGAINST THE LEVY OF PENALTY OF `5,55, 000/- UNDER SECTION 271(1)(C) OF THE INCOME-TAX ACT, 1961. 2. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND P ERUSED THE MATERIAL PLACED BEFORE US. IT WAS POINTED OUT BY TH E LEARNED COUNSEL THAT THE PENALTY HAS BEEN LEVIED IN RESPECT OF THE DI SALLOWANCE OF COMMISSION OF `15,16,345/-. THE ITAT, IN THE QUANTUM APPEAL VIDE ITA NO.1203/DEL/2011, HAS DELETED THIS ADDITION. HE STATE D THAT SINCE THE ADDITION ITSELF HAS BEEN DELETED, THE PENALTY DOES NOT SURVIVE. COPY OF ITA-2714/DEL/2016 2 THE SAID ORDER HAS BEEN PLACED BEFORE US. WE AGREE WI TH THE LEARNED COUNSEL THAT ONCE THE ADDITION ITSELF HAS BEEN DELETED , THE PENALTY BASED UPON SUCH ADDITION CANNOT SURVIVE. ACCORDINGLY , WE CANCEL THE PENALTY LEVIED UNDER SECTION 271(1)(C) OF THE ACT. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED. DECISION PRONOUNCED IN THE OPEN COURT ON 22.04.2019. SD/- SD/- (SUCHITRA KAMBLE (SUCHITRA KAMBLE (SUCHITRA KAMBLE (SUCHITRA KAMBLE ) )) ) ( (( ( G.D. AGRAWAL G.D. AGRAWAL G.D. AGRAWAL G.D. AGRAWAL ) )) ) JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER VICE VICE VICE VICE PRESIDENT PRESIDENT PRESIDENT PRESIDENT VK. COPY FORWARDED TO: - 1. APPELLANT : M/S TECHNO BLAST (P) LTD., M/S TECHNO BLAST (P) LTD., M/S TECHNO BLAST (P) LTD., M/S TECHNO BLAST (P) LTD., C/O BHARAT EXPLOSIVES LTD., C/O BHARAT EXPLOSIVES LTD., C/O BHARAT EXPLOSIVES LTD., C/O BHARAT EXPLOSIVES LTD., 2 22 2 ND NDND ND FLOOR, INDRAPRAKASH BUILDING, FLOOR, INDRAPRAKASH BUILDING, FLOOR, INDRAPRAKASH BUILDING, FLOOR, INDRAPRAKASH BUILDING, 21, BARAKHAMBA ROAD, NEW DELHI. 21, BARAKHAMBA ROAD, NEW DELHI. 21, BARAKHAMBA ROAD, NEW DELHI. 21, BARAKHAMBA ROAD, NEW DELHI. 2. RESPONDENT : ASSISTANT COMMISSIONER OF INCOME TAX ASSISTANT COMMISSIONER OF INCOME TAX ASSISTANT COMMISSIONER OF INCOME TAX ASSISTANT COMMISSIONER OF INCOME TAX, ,, , CIRCLE CIRCLE CIRCLE CIRCLE- -- -1, NOIDA (UP). 1, NOIDA (UP). 1, NOIDA (UP). 1, NOIDA (UP). 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR