DCIT Circle-18(1), New Delhi V. Neminath Industries Pvt. Ltd., New Delhi

ITA 3543/DEL/2019

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 8742 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 1 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-06-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2010-2011
• Appeal Filed On: 22-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 271(1)(c); 143(3)

Judgement Text

I.T.A. No. 3543/Del/2019 1 IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH “E” NEW DELHI ] BEFORE SHRI G. S. PANNU, PRESIDENT A N D SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER आ.अ.स ं ./I.T.A No. 3543/Del/2019 िनधाªरणवषª/Assessment Year: 2010-11 DCIT Circle : 18 (1), New Delhi. बनाम Vs. M/s. Neminath Industries Pvt. Ltd., 1-G, First Floor, Bharat Nagar, New Friends Colony, New Delhi – 110 025. PAN : AAACR3132K अपीलाथê / Appellant ÿÂयथê / Respondent िनधाªåरतीकìओरसे / Assessee by : None; राजÖवकìओरसे / Department by : Ms. Garima Sharma, Sr. D. R.; स ु नवाईकìतारीख/ Date of hearing : 10/06/2022 उĤोषणाकìतारीख/Pronouncement on : 10/06/2022 आदेश / O R D E R PER C. N. PRASAD, J. M. : 1. This appeal filed by the Revenue is against the order of the ld. Commissioner of Income Tax (Appeals)-36 [hereinafter referred to as CIT (Appeals)] New Delhi, dated 17.01.2019 in deleting penalty levied under Section 271(1)(c) of the Income Tax Act, 1961 (the Act) for assessment year 2010-11. I.T.A. No. 3543/Del/2019 2 2. In spite of issue of notice none appeared on behalf of the assessee. This appeal is disposed of on hearing the ld. DR. 3. We have perused the order of the ld. CIT (Appeals) and noticed that penalty levied under Section 271(1)(c) of the Act was deleted by the ld. CIT (Appeals) since the Tribunal deleted the quantum addition of Rs.3,95,00,000/- in respect of advances written off by the assessee. Since the Tribunal deleted the addition made in the assessment order passed under Section 143(3) of the Act which was the foundation for imposition of penalty under Section 271(1)(c) of the Act, the penalty order will not survive. We further observed from the grounds of appeal of the Revenue that Tribunal order in quantum proceedings has been challenged by the Revenue before the Hon’ble High Court and the same is still pending. The ld. DR could not bring to our notice further developments in this matter. In the circumstances the penalty order passed by the Assessing Officer imposing penalty under Section 271(1)(c) of the Act for the assessment year 2006-07 is set aside and the penalty is deleted. 4. In the result, appeal of the Revenue is dismissed. Order pronounced in the open court on : 10/06/2022. Sd/- Sd/- ( G. S. PANNU ) ( C. N. PRASAD ) PRESIDENT JUDICIAL MEMBER Dated : 10/06/2022. *MEHTA* Copy forwarded to : 1. Appellant; 2. Respondent; I.T.A. No. 3543/Del/2019 3 3. CIT 4. CIT (Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT, New Delhi. Date of dictation 10.06.2022 Date on which the typed draft is placed before the dictating member 10.06.2022 Date on which the typed draft is placed before the other member 10.06.2022 Date on which the approved draft comes to the Sr. PS/ PS 10.06.2022 Date on which the fair order is placed before the dictating member for pronouncement 10.06.2022 Date on which the fair order comes back to the Sr. PS/ PS 10.06.2022 Date on which the final order is uploaded on the website of ITAT 10.06.2022 Date on which the file goes to the Bench Clerk 10.06.2022 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