Vikram Bhardwaj, Noida V. ITO, Ward- 2(5), Noida

ITA 3413/DEL/2019

• Counselvise Citation: [2020] 111 COUNSELVISE.COM (IT) 6850 (ITAT-DELHI)
• Duration Of Justice: 8 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-01-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: F
• Assessment Year: 2009-2010
• Appeal Filed On: 18-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SURENDER PAL
• Assessee Lawyers: MRS PREM LATA BANSAL
• Keywords: Set aside
• Section: 22

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F NEW DELHI BEFORE SHRI G.S. PANNU, VICE PRESIDENT & SHRI AMIT SHUKLA, JUDICIAL MEMBER I.T.A. NO.3413/DEL/2019 ASSESSMENT YEAR 2009-10 VIKRAM BHARDWAJ, 804, BLOCK-P. GREAT VALUE SHARNAM, SECTOR-107, NOIDA. V. ITO, WARD-2(5), NOIDA TAN/PAN: AHUPB 6593L (APPELLANT) (RESPONDENT) APPELLANT BY: MRS. PREM LATA BANSAL, SR.ADV. & SHRI ABHISHEK KUMAR, ADV. RESPONDENT BY: SHRI SURENDER PAL, SR.D.R. DATE OF HEARING: 22 10 2019 DATE OF PRONOUNCEMENT: 17 01 2020 O R D E R PER AMIT SHUKLA, J.M.: THE AFORESAID APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE IMPUGNED ORDER DATED 30.11.2018 PASSED BY COMMISSIONER OF INCOME TAX (APPEALS)-I, NOIDA FOR T HE QUANTUM OF ASSESSMENT PASSED U/S.271(1)(C) FOR THE ASSESSMENT YEAR 2009-10. IN THE GROUNDS OF APPEAL, THE ASSESSEE HAS RAISED FOLLOWING GROUNDS. THE ASSESSEE IS MAINLY AGGRIEVED BY LEVY OF PENALTY AT RS.2,51,80,925/-. 2. SINCE IN THE QUANTUM APPEAL, THE MATTER HAS BEEN RESTORED BACK TO THE FILE OF THE ASSESSING OFFICER TO BE DECIDED AFRESH AND ALL THE ADDITIONS HAVE BEEN SET ASIDE, T HEREFORE, PENALTY PROCEEDINGS ARISING FROM SUCH AN ADDITION C ANNOT BE I.T.A. NO.3413/DEL/2019 2 SUSTAINED AND SAME IS DIRECTED TO BE DELETED. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH JANUARY, 2020. SD/- SD/- [G.S. PANNU] [AMIT SHUKLA] VICE PRESIDENT JUDICIAL MEMBER DATED: 17 TH JANUARY, 2020 PKK: