Dilbagh Rai Chawla, New Delhi V. ACIT, New Delhi

ITA 2918/DEL/2017

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 7009 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 8 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-01-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 11-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: AGAINST DATED PASSED
• Keywords: Set aside
• Section: 271(1)(c)

Judgement Text

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B: NEW DELHI BEFORE SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO.2918/DEL/2017 ASSTT. YEAR: 2006-07 O R D E R PER SUDHANSHU SRIVASTAVA, JM: THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST ORDER DATED 22.3.2017 PASSED BY THE LD. COMMISSIONER OF I NCOME TAX (APPEALS) 30, NEW DELHI {CIT(A)} FOR ASSESSMENT Y EAR 2006-07 WHEREIN THE LD. CIT (A) HAS UPHELD THE IMPOSITION O F PENALTY OF RS. 12,74,889/- IMPOSED U/S 271(1)(C) OF THE ACT. ASSESSEE BY: SHRI RAJ KUMAR, CA DEPARTMENT BY : SHRI RAJESH KUMAR GUPTA, CIT DR DATE OF HEARING 30 /10 /201 9 DATE OF PRONOUNCEMENT 27 / 01 /20 20 DILBAGH RAI CHAWLA RAJ KUMAR & ASSOCIATES, CAS L-7 A (LGF), SOUTH EXTN. PART-2, NEW DELHI 110 049 PAN AAWPR6716J VS. ACIT CENTRAL CIRCLE-19 NEW DELHI. (APPELLANT) (RESPONDENT) ITA NO. 2918/DEL/2017 DILBAGH RAI CHAWLA VS ACIT 2 2.0 AT THE OUTSET, THE LD. AUTHORISED REPRESENTATI VE SUBMITTED THAT THE ASSESSEES APPEAL IN THE QUANTUM PROCEEDINGS HAS BEEN ALLOWED VIDE ORDER DATED 8.8.2017 IN ITA N O. 257/DEL/2013. A COPY OF THE SAID ORDER WAS PLACED O N RECORD AND IT WAS SUBMITTED THAT IN VIEW OF QUANTUM ADDITION H AVING BEEN DELETED, THE RESULTANT PENALTY WOULD NOT SURVIVE. 3.0 THE LD. CIT (DR) FAIRLY ACCEPTED THAT THE QUAN TUM HAD BEEN DELETED BY THE ITAT AND, THEREFORE, PENALTY WO ULD NOT SURVIVE. 4.0 HAVING HEARD BOTH THE PARTIES AND AFTER HAVING PERUSED THE ORDER OF THE TRIBUNAL, WE AGREE WITH TH E CONTENTION OF THE LD. AR THAT THE IMPUGNED PENALTY DOES NOT SURVI VE AS THE QUANTUM ADDITION HAS BEEN DELETED BY THE ORDER OF T HE ITAT IN ITAT NO.275/DEL/2013 VIDE ORDER DATED 8.8.2017. THE ORDER OF THE LD. CIT (A) IS SET ASIDE AND PENALTY IS DELETED . 5.0 IN THE FINAL RESULT THE APPEAL OF THE ASSESSEE STANDS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH JANUARY, 2020 SD/- SD/- (PRASHANT MAHARISHI) (SUDHANSHU SRIVAST AVA) ACCOUNTANT MEMBER JUDICIAL MEM BER DATED: 27/01/2020 ITA NO. 2918/DEL/2017 DILBAGH RAI CHAWLA VS ACIT 3 VEENA COPY FORWARDED TO 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI