POWER WELFARE ORGANISATION, GURGAON V. ITO, WARD- 3(2), GURGAON

ITA 3194/DEL/2019

• Counselvise Citation: [2021] 104 COUNSELVISE.COM (IT) 5537 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 8 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-12-2021
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2010-2011
• Appeal Filed On: 10-04-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 234B

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI “SMC” BENCH: NEW DELHI (THROUGH VIDEO CONFERENCING ) BEFORE SHRI KUL BHARAT, JUDICIAL MEMBER ITA No.3194/Del/2019 [Assessment Year : 2010-11] Power Welfare Organization, 226, Second Floor, JMD Megapolis, Sohna Road, Sector-48, Gurgaon-122001. PAN-AAAAP3991J vs ITO, Ward-3(2), Gurgaon. APPELLANT RESPONDENT Appellant by None Respondent by Sh. Om Prakash, Sr.DR Date of Hearing 27.12.2021 Date of Pronouncement 27.12.2021 ORDER PER KUL BHARAT, JM : This appeal filed by the assessee for the assessment year 2010-11 is directed against the order of Ld. CIT(A)-1, Gurgaon dated 11.06.2018. The assessee has raised following grounds of appeal:- 1. “Whether the Ld.AO is justified in levying interest u/s 234B of the Income Tax Act, 1961? 2. That the appellant reserves the right to amend, delete, add, substitute, modify or alter any one or more of the grounds of appeal at the time of hearing.” 2. No one appeared on behalf of the assessee despite various opportunities. Therefore, the appeal was taken up for hearing in the absence of the assessee and is being disposed off on the basis of material available on record. 3. The only effective ground in this appeal is levy of interest u/s 234B of the Income Tax Act, 1961 (“the Act”). 4. Ld.Sr.DR submitted that levy of penalty u/s 234B of the Act is consequential in nature. Therefore, the Assessing Officer has rightly levied the interest u/s 234B of the Act. 5. I have heard Ld. Sr. DR and perused the material available on records. The assessee has not given any reason as to why the interest u/s 234B of the Act is not leviable under the facts and circumstances of the present case. Therefore, I do not see any reason to interfere in the order of authorities below, the same is hereby affirmed. Thus, ground raised by the assessee is dismissed. 6. In the result, the appeal of the assessee is dismissed. Order pronounced in the open Court on 27 th December, 2021. Sd/- (KUL BHARAT) JUDICIAL MEMBER *Amit Kumar* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI