ITO, New Delhi V. Sh. Satish Chand Sikka, New Delhi

ITA 3522/DEL/2017

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 3148 (ITAT-DELHI)
• Duration Of Justice: 8 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-02-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2007-2008
• Appeal Filed On: 02-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S S RANA
• Assessee Lawyers: S S KRISH NAN
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH G NEW DLEHI BEFORE SHRI G.D. AGRAWAL, PRESIDENT AND SHRI K. NARASIMHA CHARY, JUDICIAL MEMBER I.T.A. NOS. 3522 & 3523/DEL/2017 ASSESSMENT YEARS: 2007-08 AND 2008-09 INCOME-TAX OFFICER, WARD 51(5), VS SATISH CHAND SIKK A, NEW DELHI. 13/33, WEA, KAROL BAGH, NEW DELHI. (PAN: AATPS9367F) (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI S.S. RANA, CIT DR RESPONDENT BY: SHRI S.S. KRISH NAN, ADVOCATE DATE OF HEARING: 28.02.2018 DATE OF PRONOUNCEMENT: 28.02.2018 ORDER PER BENCH THESE TWO APPEALS ARE FILED BY THE REVENUE CHALLENG ING THE ORDER DATED 22/03/2017 IN APPEAL NUMBER 341 AND 348/2014-15 PAS SED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-17, NEW DELHI (LD. CITA) WHEREUNDER THE LEARNED CIT(A) DELETED THE PENALTY LEVIED BY THE AO U /S 271(1)(C) OF THE ACT, OBSERVING THAT IN ITA NOS. 1006 AND 1002/DEL/2013, A BENCH OF THIS TRIBUNAL DELETED THE QUANTUM ADDITION BY ORDER DATED 15.3.201 7. 2 2. ADMITTEDLY, THESE TWO APPEALS OF THE REVENUE RELA TE TO THE ASST. YEAR 2007- 08 AND 2008-09. LD. AO LEVIED THE PENALTY U/S 271(1 )(C) ON ACCOUNT OF THE ADDITION MADE U/S 68 OF THE ACT. THERE IS NO DISPU TE THAT IN THE APPEAL AGAINST THE QUANTUM ADDITION IN RESPECT OF THESE TWO YEARS, A COORDINATE BENCH OF THIS TRIBUNAL IN ITA 1006 AND 1002/DEL/2013 BY ORDER DATE D 15.3.2017 DELETED THE QUANTUM ADDITION FOR THESE TWO YEARS. HONBLE JURIS DICTIONAL HIGH COURT, BY ORDER DATED 8.11.2017 IN ITA NO.948 OF 2017 FOR THE ASSTT . YEAR 2008-09 AND BY ORDER DATED 22.1.2018 IN ITA NO.68 OF 2018 IN RESPECT OF ASSTT. YEAR 2007-08 UPHELD THE FINDINGS OF THE TRIBUNAL AND DISMISSED THE APPEALS OF THE REVENUE. IT IS, THEREFORE, CLEAR THAT THE DELETION OF THE QUANTUM ADDITION HAD ATTAINED THE FINALITY IN VIEW OF THE ORDERS OF THE JURISDICTIONAL HIGH COURT. ON A PERUSAL OF THESE ORDERS, WE ARE OF THE CONSIDERED OPINION THAT THE FINDINGS OF THE LEARNED CIT(A) IN THE IMPUGNED ORDER DO NOT SUFFER ANY ILLEGALITY OR IRREGULARITY AN D CONSEQUENTLY NO INTERFERENCE NEED BE MADE WITH SUCH FINDING IN THESE APPEALS. B OTH THE APPEALS OF THE REVENUE, THEREFORE, FAIL AND ARE ACCORDINGLY DISMISS ED. 3. IN THE RESULT, APPEALS OF THE REVENUE ARE DISMIS SED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS THE 28 TH DAY OF FEBRUARY, 2018. SD/- SD/- (G.D. AGRAWAL) (K. NARASIMHA CHARY) PRESIDENT JUDICIAL MEMBER DATED: 28 TH FEBRUARY, 2018 VJ 3 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT BY ORDER ASSTT. REGISTRAR , ITAT