Jindal Pipes Ltd., New Delhi V. DCIT, New Delhi

ITA 3304/DEL/2016

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 0681 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 3 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-09-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2004-2005
• Appeal Filed On: 06-06-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: ASHISH CHADHA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH FRIDAY NEW DELHI BEFORE SHRI G.D. AGRAWAL, PRESIDENT & SHRI AMIT SHUKLA, JUDICIAL MEMBER I.T.A. NO.3304/DEL/2016 ASSESSMENT YEAR 2004-05 JINDAL PIPES LTD., PLOT NO.5, 2 ND FLOOR, PUSA ROAD, NEW DELHI. V. DCIT, CIRCLE-13(2), NEW DELHI. TAN/PAN: AAACJ 2055K (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI ASHISH CHADHA, CA RESPONDENT BY: SHRI AMIT JAIN, SR.D.R. DATE OF HEARING: 22 06 2018 DATE OF PRONOUNCEMENT: 17 09 2018 O R D E R PER AMIT SHUKLA, J.M.: THE AFORESAID APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE IMPUGNED ORDER DATED 18.04.2016 PASSED BY LD. CIT(APPEALS)-V, DELHI IN RELATION TO PENALTY PROCEE DINGS INITIATED U/S.271(1)(C) FOR THE ASSESSMENT YEAR 20 04-05. THE ASSESSEE IS MAINLY AGGRIEVED BY LEVY OF PENALTY AT RS.7,17,500/-. 2. AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE SUBM ITTED THAT IN THE QUANTUM PROCEEDINGS, THE TRIBUNAL VIDE ORDER DATED 03.04.2017 IN ITA NO.2654/DEL/2013 HAS SET ASIDE TH E ORDER OF THE LD. CIT (A) AND QUASH THE PROCEEDINGS INITIA TED U/S.147/148 OF THE ACT, THEREFORE, THE IMPUGNED PEN ALTY I.T.A. NO.3304/DEL/2016 2 APPEAL SHOULD ALSO BE DELETED. 3. LEARNED DEPARTMENT REPRESENTATIVE HAS NO OBJECTI ON AND HE TOO ADMITTED THAT IN THE QUANTUM PROCEEDINGS , THE MATTER HAS BEEN SET ASIDE AND THE APPEAL HAS BEEN A LLOWED. 4. AFTER CONSIDERING THE AFORESAID SUBMISSIONS, WE FIND THAT IN THE QUANTUM PROCEEDINGS THE TRIBUNAL HAS SET ASI DE THE ORDER OF THE LD. CIT (A) AND ALLOWED THE QUANTUM AP PEAL. WHENCE IN THE QUANTUM APPEAL, THE ORDER OF THE LD. CIT (A) HAS SET ASIDE AND QUANTUM APPEAL OF THE ASSESSEE HA S ALLOWED, THEN THE IMPUGNED PENALTY IS DELETED AND CONSEQUENTLY, APPEAL OF THE ASSESSEE IS ALLOWED. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH SEPTEMBER, 2018. SD/- SD/- [G.D. AGRAWAL] [AMIT SHUKLA] PRESIDENT JUDICIAL MEMBER DATED: 17 TH SEPTEMBER, 2018 PKK: