Rajesh Aggarwal, New Delhi V. ACIT, New Delhi

ITA 3109/DEL/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 97885 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 6 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-11-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Next Hearing Date: 16-11-2015
• Assessment Year: 2001-2002
• Appeal Filed On: 17-05-2013
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAKHI VIMAL SENIOR
• Keywords: Reopening of assessment
• Section: 148

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 F FF F : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE SHRI BEFORE SHRI BEFORE SHRI BEFORE SHRI G.D. AGRAWAL, VICE PRESIDENT G.D. AGRAWAL, VICE PRESIDENT G.D. AGRAWAL, VICE PRESIDENT G.D. AGRAWAL, VICE PRESIDENT AND AND AND AND SHRI SUDHANSHU SRIVASTAVA SHRI SUDHANSHU SRIVASTAVA SHRI SUDHANSHU SRIVASTAVA SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER , JUDICIAL MEMBER ITA NO ITA NO ITA NO ITA NO . .. . 3109/DEL/2013 3109/DEL/2013 3109/DEL/2013 3109/DEL/2013 ASSESSMENT YEAR : ASSESSMENT YEAR : ASSESSMENT YEAR : ASSESSMENT YEAR : 2001 2001 2001 2001 - -- - 02 0202 02 SHRI RAJESH AGGARWAL, SHRI RAJESH AGGARWAL, SHRI RAJESH AGGARWAL, SHRI RAJESH AGGARWAL, C CC C- -- -17, SATYAWATI COLONY, 17, SATYAWATI COLONY, 17, SATYAWATI COLONY, 17, SATYAWATI COLONY, AS ASAS ASHOK VIHAR, HOK VIHAR, HOK VIHAR, HOK VIHAR, PHASE PHASE PHASE PHASE- -- -III, III,III, III, NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. PAN : ACWPA0153C. PAN : ACWPA0153C. PAN : ACWPA0153C. PAN : ACWPA0153C. VS. VS. VS. VS. ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF ASSISTANT COMMISSIONER OF INCOME TAX, INCOME TAX, INCOME TAX, INCOME TAX, CIRCLE CIRCLE CIRCLE CIRCLE- -- -19(1), 19(1), 19(1), 19(1), NEW DELHI. NEW DELHI. NEW DELHI. NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE. RESPONDENT BY : MS. RAKHI VIMAL, SENIOR DR. DATE OF HEARING : 19.11.2015 19.11.2015 19.11.2015 19.11.2015 DATE OF PRONOUNCEMENT : 20.11.2015 20.11.2015 20.11.2015 20.11.2015 ORDER ORDER ORDER ORDER PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP PER G.D. AGRAWAL, VP : :: :- -- - THIS APPEAL BY THE ASSESSEE FOR THE ASSESSMENT YEA R 2001-02 IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)-XXII, NEW DELHI DATED 31 ST DECEMBER, 2012. 2. AT THE TIME OF HEARING, NONE APPEARED ON BEHALF OF THE ASSESSEE- APPELLANT. THEREFORE, THE APPEAL OF THE ASSESSEE I S BEING DISPOSED OF EX-PARTE QUA THE ASSESSEE-APPELLANT ON MERITS AFTER HEARING THE ARGUMENTS OF LEARNED DR. 3. THE ONLY GROUND RAISED BY THE ASSESSEE IS AGAINS T THE LEVY OF PENALTY U/S 271(1)(C) OF THE INCOME-TAX ACT, 1961 A T `20,94,574/-. THE ASSESSEE HAS FILED A WRITTEN SUBMISSION POINTING OU T THAT THIS ADDITION HAS BEEN DELETED BY THE ITAT IN THE QUANTUM PROCEED INGS VIDE ITA NO.151/DEL/2010. ITA-3109/DEL/2013 2 4. WE HAVE CONSIDERED THE SUBMISSIONS OF THE LEARNE D DR AND HAVE PERUSED THE RELEVANT MATERIAL PLACED BEFORE US. WE FIND THAT THE PENALTY U/S 271(1)(C) OF THE ACT HAS BEEN LEVIED IN PURSUANCE TO THE ASSESSMENT ORDER DATED 24 TH NOVEMBER, 2008 PASSED U/S 143(3)/148. HOWEVER, IN THE QUANTUM APPEAL, THE ITAT QUASHED TH E REOPENING OF ASSESSMENT U/S 148 AND CONSEQUENTIALLY, THE ASSESSM ENT ORDER PASSED IN PURSUANCE THERETO WAS ALSO QUASHED VIDE ITA NO.1 51/DEL/2010, ORDER DATED 19 TH AUGUST, 2015. SINCE THE ASSESSMENT ORDER ITSELF H AS BEEN QUASHED, THE ADDITION MADE THEREIN CANNOT SURV IVE AND CONSEQUENTLY, THE PENALTY BASED UPON SUCH ADDITION CANNOT BE SUSTAINED. ACCORDINGLY, THE SAME IS CANCELLED. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. DECISION PRONOUNCED IN THE OPEN COURT ON 20.11.2015 . SD/- SD/- (SUDHANSHU SRIVASTAVA (SUDHANSHU SRIVASTAVA (SUDHANSHU SRIVASTAVA (SUDHANSHU SRIVASTAVA ) )) ) ( (( ( G.D. AGRAWAL G.D. AGRAWAL G.D. AGRAWAL G.D. AGRAWAL ) )) ) JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT VK. COPY FORWARDED TO: - 1. APPELLANT : SHRI RAJESH AGGARWAL, SHRI RAJESH AGGARWAL, SHRI RAJESH AGGARWAL, SHRI RAJESH AGGARWAL, C CC C- -- -17, SATYAWATI COLONY, ASHOK VIHAR, 17, SATYAWATI COLONY, ASHOK VIHAR, 17, SATYAWATI COLONY, ASHOK VIHAR, 17, SATYAWATI COLONY, ASHOK VIHAR, PHASE PHASE PHASE PHASE- -- -III, NEW DELHI. III, NEW DELHI. III, NEW DELHI. III, NEW DELHI. 2. RESPONDENT : ASSISTANT COMMISSIONER OF INCOME TA X, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE CIRCLE CIRCLE CIRCLE- -- -19(1), NEW DELHI. 19(1), NEW DELHI. 19(1), NEW DELHI. 19(1), NEW DELHI. 3. CIT 4. CIT(A) 5. DR, ITAT ASSISTANT REGISTRAR