ACIT, New Delhi V. M/s. Garg Cheap Cut Piece House, Delhi

ITA 301/DEL/2015

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 4335 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 8 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-10-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2006-2007
• Appeal Filed On: 14-01-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ARUN KR YADAV
• Section: 143(3); 263

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES: C , NEW DELHI BEFORE SHRI H.S.SIDHU, JUDICIAL MEMBER AND SHRI L.P. SAHU, ACCOUNTANT MEMBER ITA NO. 301 /DEL/2015 A.Y. 2006 - 07 ACIT, CIRCLE 57(1) NEW DELHI VS . GARG CHEAP CUT PIECE HOUSE D 1, MAIN ROAD NAVEEN SHAHDARA MAUJPUR DELHI 110 053 PAN: AABFG 7897 E (APPELLANT) (RESPONDENT) APPELLANT BY SH. ARUN KR.YADAV, SR.DR RESPONDENT BY NONE DATE OF HEARING 12 TH SEPT., 2017 DATE OF PRONOUNCEMENT 0 3 R D O C T O B E R , 2017 ORDER PER L.P. SAHU, ACCOUNTANT MEMBER THIS APPEAL FILED BY THE REVENUE IS DIRECTED AGAINST THE ORDER DT. 13.10.2014 OF THE LD. CIT(APPEALS) - X XX , NEW DELHI PERTAINING TO THE ASSESSMENT YEAR (A.Y.) 2006 - 07 ON THE FOLLOWING GROUNDS. 2 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, THE ORDER OF THE LD. CIT(A) IS BAD IN LAW AND NOT IN CONSONANCE WITH THE FACTS OF THE CASE. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE THE LD. CIT(A) HAD ERRED IN DELETING THE PENALTY AMOUNTING TO RS.15,27,887/ - LEVIED U/S 271(1) ( C ) CONSEQUENT TO THE ORDER OF THE CIT PASSED U/S 263 OF THE ACT. 3. THE APPELLANT C RAVES LEAVE TO ADD, ALTER OR AMEND ANY / ALL THE GROUNDS OF APPEAL DURING THE COURSE OF HEARING OF THE APPEAL. 2. AT THE OUTSET OF THE HEARING LD.A.R. DREW OUR ATTENTION TO THE FACT THAT THIS APPEAL HAS ARISEN AGAINST THE PROCEEDINGS U/S 143(3)/263 OF TH E INCOME TAX ACT, 1961. HE SUBMITTED THAT THE COORDINATE BENCH HAS QUASHED THE INITIATION OF PROCEEDINGS U/S 263 OF THE ACT BY LD. CIT(A) IN ITA 1905/DEL/2010 FOR THE A.Y. 2006 - 07 , AND, THEREFORE, THE APPEAL BECOMES INFRUCTUOUS. 2.1. THE ASSESSEE HAS PREF ERRED APPEAL AGAINST THE ORDER OF THE LD. CIT(A). LD. CIT(A) HAS OBSERVED AS UNDER. 3. I HAVE CONSIDERED THE WRITTEN SUBMISSIONS FILED BY THE LD.AR OF THE APPELLANT AND ALSO CONSIDERED THE FACTS OF THE CASE AND AGREE WITH THE ARGUMENT OF THE APPELLANT THAT SINCE THE ORDER PASSED U/S 263 IS CANCELLED BY HON BLE ITAT, NO PENALTY CAN BE LEVIED ON THE BASIS OF ADDITION MADE BY THE LD.AO IN THE ORDER PASSED U/S 143(3) IN COMPLIANCE TO ORDER PASSED BY THE CIT U/S 263 OF THE ACT. IN THE RESULT PENALTY LEVIED BY THE A.O. IS HEREBY DELETED. 4. IN THE RESULT THE APPEAL ALLOWED. 3 2.2. LD.D.R. RELIED ON THE ORDER OF THE ASSESSING OFFICER. 3. AFTER HEARING BOTH THE SIDES AND PERUSING MATERIAL PLACED ON RECORD AND ORDERS OF LOWER AUTHORITIES , WE NOTE THAT THE COORD INATE BENCH OF THE TRIBUNAL HAS QUASHED THE PROCEEDINGS U/S 263 OF THE ACT IN ITA 1905/DEL/2010 FOR THE A.Y. 2006 - 07 VIDE ORDER DT. 30.9.2013. THE PENALTY IMPOSED U/S 271(1)( C ) OF THE ACT AGAINST ORDER U/S 143(3)/263 FOR THE ABOVE A.Y. LD. CIT(A) HAS AL LOWED THE PENALTY APPEAL OF THE ASSESSEE BY OBSERVING AS UNDER. 3. I HAVE CONSIDERED THE WRITTEN SUBMISSIONS FILED BY THE LD.AR OF THE APPELLANT AND ALSO CONSIDERED THE FACTS OF THE CASE AND AGREE WITH THE ARGUMENT OF THE APPELLANT THAT SINCE THE ORDER PA SSED U/S 263 IS CANCELLED BY HON BLE ITAT, NO PENALTY CAN BE LEVIED ON THE BASIS OF ADDITION MADE BY THE A.O. IN THE ORDER APSSED U/S 143(3) IN COMPLIANCE TO ORDER PASSED BY THE CIT U/S 263 OF THE ACT. IN THE RESULT PENALTY LEVIED BY THE LD.AO IS HEREBY D ELETED. 4. FROM THE ABOVE OBSERVATIONS OF THE LD. CIT(A) IT IS NOTED THAT SINCE THE ITAT HAS QUASHED ORDER U/S 263 PROCEEDINGS, THEREFORE, THE ENTIRE PROCEEDINGS HAVE BECOME INFRUCTUOUS. IN VIEW OF THIS , WE ARE OF THE VIEW THAT THE LD. CIT(A) HAS RIG HTLY 4 DELETED THE PENALTY IMPOSED BY THE A.O. AND HENCE WE DISMISS THE APPEAL OF THE REVENUE. 5. IN THE RESULT THE APPEAL OF THE REVENUE IS DISMISSED. PRONOUNCED IN THE OPEN COURT O N 0 3 R D O C T O B E R , 2 0 1 7 . S D / - S D / - (H.S.SIDHU) (L.P. SAHU) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: THE 0 3 R D O C T O B E R , 2017 * GMV 5 COPY FORWARDED TO: - 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(A) 5 . DR, ITAT - TRUE COPY - BY ORDER, ASSISTANT REGISTRAR ITAT DELHI BENCHES NEW DELHI