Utkarsh Realtech Pvt. Ltd., New Delhi V. ACIT, Central Circle- 32, New Delhi

ITA 291/DEL/2018

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 5294 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 8 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-10-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: G
• Assessment Year: 2011-2012
• Appeal Filed On: 10-01-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHAILESH KUMAR SENIOR
• 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 FRIDAY BENCH FRIDAY BENCH FRIDAY BENCH FRIDAY BENCH A AA A : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) (THROUGH VIDEO CONFERENCING) BEFORE BEFORE BEFORE BEFORE JUSTICE P.P. BHATT, HONBLE PRESIDENT AND JUSTICE P.P. BHATT, HONBLE PRESIDENT AND JUSTICE P.P. BHATT, HONBLE PRESIDENT AND JUSTICE P.P. BHATT, HONBLE PRESIDENT AND SHRI G.S. PANNU, HONBLE VICE PRESIDENT SHRI G.S. PANNU, HONBLE VICE PRESIDENT SHRI G.S. PANNU, HONBLE VICE PRESIDENT SHRI G.S. PANNU, HONBLE VICE PRESIDENT ITA NO. ITA NO. ITA NO. ITA NO. 291 291 291 291 /DEL/2018 /DEL/2018 /DEL/2018 /DEL/2018 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR : : : : 20 2020 20 1 11 1 1 11 1 - -- - 12 1212 12 M/S UTKARSH M/S UTKARSH M/S UTKARSH M/S UTKARSH REALTECH REALTECH REALTECH REALTECH PVT.LTD., PVT.LTD., PVT.LTD., PVT.LTD., M MM M- -- -11, MIDDLE CIRCLE, 11, MIDDLE CIRCLE, 11, MIDDLE CIRCLE, 11, MIDDLE CIRCLE, CONNAUGHT CIRCUS, CONNAUGHT CIRCUS, CONNAUGHT CIRCUS, CONNAUGHT CIRCUS, NEW DELHI NEW DELHI NEW DELHI NEW DELHI 110 001. 110 001. 110 001. 110 001. PAN : AABCU0945J. PAN : AABCU0945J. PAN : AABCU0945J. PAN : AABCU0945J. VS. VS. VS. VS. ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE- -- -32, 32, 32, 32, NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE. RESPONDENT BY : SHRI S HAILESH KUMAR, SENIOR DR. DATE OF HEARING : 09.10.2020 09.10.2020 09.10.2020 09.10.2020 DATE OF PRONOUNCEMENT : 09.10 09.10 09.10 09.10.2020 .2020 .2020 .2020 ORDER ORDER ORDER ORDER PER G.S. PANNU, VICE PRESIDENT PER G.S. PANNU, VICE PRESIDENT PER G.S. PANNU, VICE PRESIDENT PER G.S. PANNU, VICE PRESIDENT : :: : THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEA R 2011-12 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-30, NE W DELHI DATED 21 ST NOVEMBER, 2017. 2. AT THE TIME OF VIRTUAL HEARING OF THE EARLY HEAR ING APPLICATION FILED BY THE ASSESSEE, NOBODY APPEARED ON BEHALF OF THE ASSESSEE. CONSIDERING THE SUBMISSIONS OF THE ASSESSEE MADE IN THE SAID APPLICATION, AND WITH THE CONSENT OF LEARNED SENIOR DR, WE PROCEEDED TO DECIDE THE INSTANT APPEAL QUA THE ASSESSEE. ITA-291/DEL/2018 2 3. THE ONLY GROUND RAISED BY THE ASSESSEE IN THIS A PPEAL IS AGAINST THE LEVY OF PENALTY OF `11,30,967/- IMPOSED U/S 271 (1)(C) OF THE INCOME-TAX ACT, 1961. 4. IT HAS BEEN POINTED OUT BY THE LEARNED COUNSEL F OR THE ASSESSEE IN ITS LETTER DATED 17 TH SEPTEMBER, 2020 THAT THE QUANTUM APPEAL OF THE CAPTIONED ASSESSMENT YEAR AGAINST WHICH THE AFORESA ID PENALTY IS LEVIED, HAS BEEN ALLOWED BY THE ITAT E BENCH, NEW DELHI VIDE ORDER DATED 5 TH DECEMBER, 2019 IN ITA NO.4786/DEL/2015. A COPY O F THE SAID ORDER OF THE TRIBUNAL HAS ALSO BEEN FILED ON RECORD . IT HAS, THEREFORE, BEEN PRAYED THAT THE PENALTY MAY ALSO BE DELETED. 5. LEARNED SENIOR DR RELIED UPON THE ORDERS OF AUTH ORITIES BELOW. 6. WE HAVE CAREFULLY CONSIDERED THE SUBMISSIONS MAD E BY THE ASSESSEE IN ITS APPLICATION AND PERUSED THE MATERIA L PLACED BEFORE US. SINCE THE ADDITIONS ITSELF HAVE BEEN DELETED BY THE ITAT, THE PENALTY BASED UPON SUCH ADDITIONS CANNOT SURVIVE. WE, THER EFORE, CANCEL THE PENALTY LEVIED U/S 271(1)(C) OF THE ACT. 7. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. ABOVE DECISION WAS ANNOUNCED ON CONCLUSION OF VIRTU AL HEARING ON 9 TH OCTOBER, 2020. SD/- SD/- ( (( ( JUSTICE P.P. JUSTICE P.P. JUSTICE P.P. JUSTICE P.P. BHATT BHATT BHATT BHATT ) )) ) ( (( ( G.S. PANNU G.S. PANNU G.S. PANNU G.S. PANNU ) )) ) PRESIDENT PRESIDENT PRESIDENT PRESIDENT VICE VICE VICE VICE PRESIDENT PRESIDENT PRESIDENT PRESIDENT VK. ITA-291/DEL/2018 3 COPY FORWARDED TO: - 1. APPELLANT : M/S UTKARSH REALTECH PVT.LTD., M/S UTKARSH REALTECH PVT.LTD., M/S UTKARSH REALTECH PVT.LTD., M/S UTKARSH REALTECH PVT.LTD., M MM M- -- -11, MIDDLE CIRCLE,CONNAUGHT CIRCUS, 11, MIDDLE CIRCLE,CONNAUGHT CIRCUS, 11, MIDDLE CIRCLE,CONNAUGHT CIRCUS, 11, MIDDLE CIRCLE,CONNAUGHT CIRCUS, NEW DELHI NEW DELHI NEW DELHI NEW DELHI 110 001. 110 001. 110 001. 110 001. 2. RESPONDENT : ASSISTANT COMMISSIONER OF INCOME TA X, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CENTRAL CENTRAL CENTRAL CIRCLE CIRCLE CIRCLE CIRCLE- -- -32, NEW DELHI. 32, NEW DELHI. 32, NEW DELHI. 32, NEW DELHI. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR