DCIT, New Delhi V. M/s. Aerens Projects & Infrastructure (P) Ltd., Gurgaon

ITA 2952/DEL/2013

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 4785 (ITAT-DELHI)
• Duration Of Justice: 7 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-12-2013
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 11-11-2013
• Assessment Year: 2008-2009
• Appeal Filed On: 13-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANURADHA MISRA
• Assessee Lawyers: RAJESH KUMAR JAIN

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 A AA A : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI G. BEFORE SHRI G. BEFORE SHRI G. BEFORE SHRI G.D.AGRAWAL, D.AGRAWAL, D.AGRAWAL, D.AGRAWAL, VICE PRESIDENT AND VICE PRESIDENT AND VICE PRESIDENT AND VICE PRESIDENT AND SHRI SHRI SHRI SHRI RAJPAL YADAV RAJPAL YADAV RAJPAL YADAV RAJPAL YADAV, ,, , JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER ITA NO ITA NO ITA NO ITA NO. .. .2952/DEL/2013 2952/DEL/2013 2952/DEL/2013 2952/DEL/2013 ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR ASSESSMENT YEAR : : : : 2008 2008 2008 2008- -- -09 0909 09 DEPUTY COMMISSIONER OF DEPUTY COMMISSIONER OF DEPUTY COMMISSIONER OF DEPUTY COMMISSIONER OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE- -- -9, 9,9, 9, JHAN JHAN JHAN JHANDEWALAN, DEWALAN, DEWALAN, DEWALAN, NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. VS. VS. VS. VS. M/S AERENS PROJECTS & M/S AERENS PROJECTS & M/S AERENS PROJECTS & M/S AERENS PROJECTS & INFRASTRUCTURE P.LTD., INFRASTRUCTURE P.LTD., INFRASTRUCTURE P.LTD., INFRASTRUCTURE P.LTD., BLOCK BLOCK BLOCK BLOCK- -- -C, GOLD SOUK, C, GOLD SOUK, C, GOLD SOUK, C, GOLD SOUK, SUSHANT LOK, PHASE SUSHANT LOK, PHASE SUSHANT LOK, PHASE SUSHANT LOK, PHASE- -- -1, 1,1, 1, GURGAON. GURGAON. GURGAON. GURGAON. PAN : PAN : PAN : PAN : AADCA8496Q. AADCA8496Q. AADCA8496Q. AADCA8496Q. (APPELLANT) (RESPONDENT) APPELLANT BY : SMT. ANURADHA MISRA, CIT-DR. RESPONDENT BY : SHRI RAJESH KUMAR JAIN, AR. ORDER ORDER ORDER ORDER PER G. PER G. PER G. PER G.D.AGRAWAL, D.AGRAWAL, D.AGRAWAL, D.AGRAWAL, VP VPVP VP : : : : THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE O RDER OF LEARNED CIT(A)-IV, NEW DELHI DATED 20 TH DECEMBER, 2012 FOR THE AY 2008-09. 2. THE REVENUE HAS RAISED FOLLOWING GROUNDS OF APPEAL: - 1. THAT THE COMMISSIONER OF INCOME TAX (APPEALS) ERRED IN LAW AND ON FACTS OF THE CASE IN DELETING THE PENALTY OF RS.4,58,515/- LEVIED U/S 271(1)(C) OF THE INCOME T AX ACT, 1961. ITA-2952/D/2013 2 2. (A) THE ORDER OF THE CIT(A) IS ERRONEOUS AND NOT TENABLE IN LAW AND ON FACTS. (B) THE APPELLANT CRAVES LEAVE TO ADD, ALTER OR AMEN D ANY/ALL OF THE GROUNDS OF APPEAL BEFORE OR DURING TH E COURSE OF THE HEARING OF THE APPEAL. 3. WE HAVE HEARD THE ARGUMENTS OF BOTH THE SIDES AND P ERUSED THE MATERIAL PLACED BEFORE US. IN OUR OPINION, THE ISSUE IS SQUARELY COVERED IN FAVOUR OF THE ASSESSEE BY THE DECISION OF HONBLE AP EX COURT IN THE CASE OF CIT VS. RELIANCE PETROPRODUCTS PVT.LTD. [20 10] 322 ITR 158 (SC), WHEREIN THEIR LORDSHIPS HELD AS UNDER:- WHERE THERE IS NO FINDING THAT ANY DETAILS SUPPLIED B Y THE ASSESSEE IN ITS RETURN ARE FOUND TO BE INCORRECT OR ERRONEOUS OR FALSE THERE IS NO QUESTION OF INVITING TH E PENALTY UNDER SECTION 271(1)(C). A MERE MAKING OF A CLAIM, WHICH IS NOT SUSTAINABLE IN LAW, BY ITSELF, WILL NOT AMOUNT TO FURNISHING INACCURATE PARTICULARS REGARDIN G THE INCOME OF THE ASSESSEE. SUCH A CLAIM MADE IN THE RETU RN CANNOT AMOUNT TO FURNISHING INACCURATE PARTICULARS. 4. IN THE ASSESSEES CASE, THE ASSESSEE MADE THE CLAIM OF EXP ENSES PART OF WHICH IS NOT ALLOWED BY THE ASSESSING OFFICER. AS PER THE HONBLE APEX COURT, A MERE MAKING OF A CLAIM WHICH IS NOT SUSTAINABLE IN LAW BY ITSELF WILL NOT AMOUNT TO FURNISHING INACCU RATE PARTICULARS REGARDING THE INCOME OF THE ASSESSEE. IT IS NOT THE CASE OF THE REVENUE THAT THE DETAILS SUPPLIED BY THE ASSESSEE IN ITS R ETURN OF INCOME WERE FOUND TO BE INCORRECT OR ERRONEOUS OR FA LSE. THEREFORE, MERELY BECAUSE PART OF THE EXPENSES CLAIMED BY THE ASSE SSEE IS ITA-2952/D/2013 3 DISALLOWED, THE ASSESSEE CANNOT BE SADDLED WITH THE LIABI LITY OF PENALTY UNDER SECTION 271(1)(C). ON THE FACTS OF THE ASSESSEES CASE, IN OUR VIEW, THE JUDGMENT OF HONBLE SUPREME COURT IN THE CASE OF RELIANCE PETROPRODUCTS PVT.LTD. (SUPRA) IS APPLICABLE. RESPECTF ULLY FOLLOWING THE SAME, WE FIND NO INFIRMITY IN THE ORDER OF LEARNED C IT(A). THE SAME IS SUSTAINED AND THE REVENUES APPEAL IS DISMISSED. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED . DECISION PRONOUNCED IN THE OPEN COURT ON 13 TH DECEMBER, 2013. SD/- SD/- ( (( (RAJPAL YADAV RAJPAL YADAV RAJPAL YADAV RAJPAL YADAV) )) ) (G.D.AGRAWAL) (G.D.AGRAWAL) (G.D.AGRAWAL) (G.D.AGRAWAL) JUDICIAL JUDICIAL JUDICIAL JUDICIAL MEMBER MEMBER MEMBER MEMBER VI VIVI VICE PRESIDENT CE PRESIDENT CE PRESIDENT CE PRESIDENT DATED : 13.12.2013 VK. COPY FORWARDED TO: - 1. APPELLANT : DEPUTY COMMISSIONER OF INCOME TAX , DEPUTY COMMISSIONER OF INCOME TAX, DEPUTY COMMISSIONER OF INCOME TAX, DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE CENTRAL CIRCLE- -- -9, JHANDEWALAN, NEW DELHI. 9, JHANDEWALAN, NEW DELHI. 9, JHANDEWALAN, NEW DELHI. 9, JHANDEWALAN, NEW DELHI. 2. RESPONDENT : M/S AERENS PROJECTS & INFRASTRUCTURE P.L TD., M/S AERENS PROJECTS & INFRASTRUCTURE P.LTD., M/S AERENS PROJECTS & INFRASTRUCTURE P.LTD., M/S AERENS PROJECTS & INFRASTRUCTURE P.LTD., BLOCK BLOCK BLOCK BLOCK- -- -C, GOLD SOUK, SUSHANT LOK, PHASE C, GOLD SOUK, SUSHANT LOK, PHASE C, GOLD SOUK, SUSHANT LOK, PHASE C, GOLD SOUK, SUSHANT LOK, PHASE- -- -1, 1,1, 1, GURGAON. GURGAON. GURGAON. GURGAON. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR