Ram Niwas Asha Rani Lokhotia Trust, New Delhi V. ITO, New Delhi

ITA 3166/DEL/2017

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 1142 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 6 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-12-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2006-2007
• Appeal Filed On: 18-05-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SURENDER PAL
• Section: 271(1)(c)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI ANADEE NATH MISSHRA, ACCOUNTANT MEMBER I.T.A. NO.3166/DEL/2017 ASSESSMENT YEAR: 2006-07 RAM NIWAS ASHA RANI LAKHOTIA TRUST, S-228, GREATER KAILASH-II, NEW DELHI. VS. ITO(E), WARD-2(4), NEW DELHI. TAN/PAN: AADTS 5350E (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI P.C. YADAV, ADV. RESPONDENT BY: SHRI SURENDER PAL, SR.D.R. DATE OF HEARING: 11 12 2019 DATE OF PRONOUNCEMENT: 16 12 2019 O R D E R PER AMIT SHUKLA, JM THE AFORESAID APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE IMPUGNED ORDER DATED 22.03.2017 PASSED BY LD. COMMISSIONER OF INCOME TAX (APPEALS)-XL, DELHI IN R ELATION TO PENALTY PROCEEDINGS INITIATED U/S.271(1)(C) FOR THE AS SESSMENT YEAR 2006-07. THE ASSESSEE IS MAINLY AGGRIEVED BY LEVY O F PENALTY AT RS.15,84,860/-. 2. AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT IN THE QUANTUM PROCEEDINGS, THE TRIBUNAL VIDE ORDER DATED 01.03.2018 IN ITA NO.425/DEL/2015 HAS DELETED THE AD DITION ON WHICH PENALTY HAS BEEN LEVIED, THEREFORE, THE IMPUGNE D PENALTY APPEAL SHOULD ALSO BE DELETED. I.T.A. NO.3166/DEL/2017 2 3. LEARNED DEPARTMENT REPRESENTATIVE HAS NO OBJECTION AN D HE TOO ADMITTED THAT IN THE QUANTUM PROCEEDINGS ADDITION HAS BEEN DELETED. 4. IN VIEW OF THE AFORESAID FACT THAT ONCE ADDITION ON W HICH PENALTY HAS BEEN LEVIED U/S. 271(1)(C) ITSELF HAS BE EN DELETED THEN PENALTY HAS NO LEG TO STAND. ACCORDINGLY, THE SAME IS QUASHED. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOWED . ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH DECEMBER, 2019. SD/- SD/- [ANADEE NATH MISSHRA] [AMIT SHUKLA] [ACCOUNTANT MEMBER] JUDICIAL MEMBER DATED: 16 TH DECEMBER, 2019 PKK: