Smt Santosh Aggarwal, New Delhi V. ITO, New Delhi

ITA 2977/DEL/2016

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 3333 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 5 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-11-2017
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2005-2006
• Appeal Filed On: 25-05-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC, NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER ITA NO.2977/DEL/2016 ASSESSMENT YEAR : 2005-06 SANTOSH AGGARWAL, 2165, GALI HANUMAN PRASAD, MASJID KHAZOOR, CHANDNI CHOWK, NEW DELHI. VS. ITO, WARD- 29(2), NEW DELHI. PAN : AAFPA3723K (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SATISH KHOSLA, ADV. DEPARTMENT BY : MS. YAMINI, SR.DR DATE OF HEARING : 21-11-2017 DATE OF PRONOUNCEMENT : 21-11-2017 O R D E R PER R. K. PANDA, AM : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 18.03.2016 OF CIT(A)- 34, NEW DELHI RELATING TO ASS ESSMENT YEAR 2005-06. 2. LEVY OF PENALTY OF RS.2,75,534/- U/S 271(1)(C) B Y THE ASSESSING OFFICER AND CONFIRMED BY THE LD. CIT(A) IS THE ONLY ISSUE R AISED BY THE ASSESSEE IN THE GROUNDS OF APPEAL. 3. LD. COUNSEL FOR THE ASSESSEE AT THE OUTSET FILED A COPY OF THE ORDER OF THE TRIBUNAL IN ASSESSEES OWN CASE FOR ASSESSMENT YEAR 2005-06 VIDE ITA NO.1741/DEL/2012 ORDER DATED 17.05.2016 AND SUBMITT ED THAT THE TRIBUNAL HAS RESTORED THE QUANTUM APPEAL TO THE FILE OF THE ASSE SSING OFFICER. THEREFORE, THIS 2 ITA NO.2977/DEL/2016 PENALTY MATTER ALSO SHOULD BE RESTORED TO THE FILE OF THE ASSESSING OFFICER FOR FRESH ADJUDICATION. 4. LD. DR HAS NO OBJECTION FOR THE SAME. 5. SINCE THE ADDITION ON WHICH PENALTY WAS LEVIED H AS BEEN RESTORED TO THE FILE OF THE ASSESSING OFFICER FOR FRESH ADJUDICATIO N, THEREFORE, THE PENALTY SO LEVIED BY THE ASSESSING OFFICER AND UPHELD BY THE L D. CIT(A) DOES NOT SURVIVE AND, THEREFORE, THE SAME IS CANCELLED. HOWEVER, TH E ASSESSING OFFICER IS AT LIBERTY TO INITIATE PENALTY PROCEEDINGS U/S 271(1)( C) AS PER LAW AFTER PASSING THE ASSESSMENT ORDER. I HOLD AND DIRECT ACCORDINGLY. THE GROUNDS RAISED BY THE ASSESSEE ARE ACCORDINGLY ALLOWED. 6. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF I.E. ON THIS 21 ST DAY OF NOVEMBER, 2017. SD/- (R. K. PANDA) ACCOUNTANT MEMBER DATED: 21-11-2017. SUJEET COPY OF ORDER TO: - 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT 4) THE CIT(A) 5) THE DR, I.T.A.T., NEW DELHI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, NEW DELHI