DCIT Circle-22(2), New Delhi V. Saidham Overseas Pvt. Ltd., New Delhi

ITA 335/DEL/2020

AI Insights

The case involves an appeal by the Deputy Commissioner of Income Tax against the order of the Learned Commissioner of Income Tax (Appeals)-34, New Delhi, which pertained to the Assessment Year 2013-14. The primary issues in the appeal were the allowance of additional evidences by the assessee company and the deletion of a penalty levied under Section 271(1)(c) of the Income Tax Act, 1961, amounting to Rs. 55,31,690 for inaccurate particulars of income. The ITAT noted that the quantum appeal related to the penalty had been remitted to the file of the Assessing Officer and thus decided to remit the penalty appeal as well, directing a fresh consideration post the decision on the quantum appeal.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 129186 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 5 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-06-2023
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: G
• Next Hearing Date: 20-06-2023
• Assessment Year: 2013-2014
• Appeal Filed On: 16-01-2020
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 271(1)(c)

Judgement Text

ITA No.- 335/Del/2020 Saidham Overseas Pvt. Ltd. Page 1 of 3 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: ‘G’: NEW DELHI) BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER ITA No:- 335/Del/2020 ( Assessment Year: 2013-14) Deputy Commissioner of Income Tax, Circle 22(2), New Delhi. Vs. M/s Saidham Overseas Pvt. Ltd., New Delhi APPELLANT RESPONDENT PAN No: AAOCS7212H Revenue By : Ms. Kajal Singh, Sr. DR Assessee By : None Date of Hearing : 21.06.2023 Date of Pronouncement : 23.06.2023 ORDER PER SHAMIM YAHYA, A.M. This appeal by Revenue is directed against the order passed by the Learned Commissioner of Income Tax (Appeals)-34, New Delhi, dated 22.10.2019 and pertains to Assessment Year 2013-14. The Grounds of appeal are as under:- “1. Whether in facts and circumstances of the case, the Ld. CIT(A) was right in allowing the submission of additional evidences by the assessee company without proper appreciating the facts and findings of AO during the course of assessment proceedings. 2. Whether on the facts and circumstances of the case, the Ld. CIT(A) erred ITA No.- 335/Del/2020 Saidham Overseas Pvt. Ltd. Page 2 of 3 in deleting the penalty levied u/s 271(1)(c) of the IT Act, 1961 on the additions made, of Rs. 55,31,690/- on account of inaccurate particulars of income. 3. The appellant craves to amend, modify, alter add or forego any ground of appeal at any time before or during the hearing of this appeal.” 2. The issue raised in this appeal is regarding the penalty levied under Section 271(1)(c) of the Income Tax Act, 1961 amounting to Rs. 55,31,690/-. 2.1 We have heard the Ld. DR. None appeared on behalf of the Assessee. The Ld. DR pointed out that the quantum appeal, in this case in ITA No. 4063/Del/2019 for Assessment Year 2013-14 has been remitted by the ITAT vide order dated 26.04.2023 to the file of the Assessing Officer. Hence, she pointed out that this appeal should also be remanded to the file of the Assessing Officer. 2.2 We have carefully considered the submission and perused the materials available on record. We find that since the quantum appeal with reference to which the penalty has been levied is remitted to the file of the Assessing Officer, then this penalty appeal also deserves to be remitted to the file of the Assessing Officer. We direct accordingly. The Assessing Officer should consider the matter afresh after deciding the quantum appeal remitted by the ITAT. 3. In the result, appeal of the Revenue stand allowed for statistical purposes. Order pronounced in the open court on 23/06/2023 Sd/- Sd/- (ANUBHAV SHARMA) (SHAMIM YAHYA) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 23 /06/2023 (Pooja) ITA No.- 335/Del/2020 Saidham Overseas Pvt. Ltd. Page 3 of 3 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI Date of dictation 21.06.2023 Date on which the typed draft is placed before the dictating Member 21.06.2023 Date on which the typed draft is placed before the Other Member Date on which the approved draft comes to the Sr. PS/PS Date on which the fair order is placed before the Dictating Member for pronouncement Date on which the fair order comes back to the Sr. PS/PS Date on which the final order is uploaded on the website of ITAT Date on which the file goes to the Bench Clerk Date on which the file goes to the Head Clerk The date on which the file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order