Sanjy Tandon, Delhi V. CIT(A)-37 , New Delhi

ITA 3609/DEL/2019

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 9419 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 8 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-01-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 25-04-2019
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: PRAKASH DUBEY
• Keywords: Period of limitation; Set aside
• Section: 271(1)(c); 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES SMC: DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER ITA.NO.3609/DEL./2019 ASSESSMENT YEAR 2012-13 SANJAY TANDON D/156, BATLA APARTMENTS, 43, IP EXTN., PATPARGANJ, DELHI. PAN NO. ACUPT6214B VS. CIT (A) - 37 NEW DELHI. (APPELLANT) (RESPONDENT) FOR ASSESSEE : SHRI NITIN KUMAR, CA FOR REVENUE : SHRI PRAKASH DUBEY, SR. DR DATE OF HEARING : 0 5 .01.2021 DATE OF PRONOUNCEMENT : 0 5 .01.2021 ORDER THIS APPEAL BY ASSESSEE HAS BEEN DIRECTED AGAINST T HE ORDER OF LD. CIT(APPEALS)-37, NEW DELHI DATED 22.09 .2017 FOR AY 2012-13 LEVYING THE PENALTY U/S 271(1)(C) OF THE IT ACT. 2. I HAVE HEARD LD. REPRESENTATIVES OF BOTH THE PAR TIES AND PERUSED THE MATERIAL ON RECORD. 3. BRIEFLY THE FACTS OF THE CASE ARE THAT AO PASSED THE ASSESSMENT ORDER DATED 05.03.2015 U/S 143(3) OF THE IT ACT AND MADE ADDITION OF UNEXPLAINED CASH DEPOSIT OF RS . 8,01,000/-. THE LD. CIT(A) VIDE ORDER DATED 20.03. 2017 NOT 2 ITA.NO.3609/DEL./2019 ONLY CONFIRM THE ADDITION BUT ALSO ENHANCED THE ADD ITION BY RS. 2,85,000/-. THE LD. CIT(A) VIDE IMPUGNED ORDER LEVIED THE PENALTY U/S 271(1)(C) OF THE IT ACT. 4. LD. COUNSEL FOR ASSESSEE SUBMITTED THAT THE ASSE SSEE PREFERRED APPEAL AGAINST THE ORDER OF THE LD. CIT(A ) DATED 20.03.2017 BEFORE THE TRIBUNAL, WHEREBY ADDITION ON ACCOUNT OF CASH DEPOSIT AND ENHANCEMENT WAS CONFIRMED. THE TRIBUNAL IN ITA NO. 2970/DEL/2017 DATED 08.01.2018 DELETED BOTH THE ADDITIONS AND ALLOWED THE APPEAL OF THE AS SESSEE. HE HAS, THEREFORE, SUBMITTED THAT SINCE QUANTUM ADDITI ON HAS BEEN DELETED, THEREFORE, PENALTY MAY BE CANCELLED. HE HAS PRAYED THAT SINCE ASSESSEE INADVERTENTLY FILED APPE AL AGAINST THE ORDER OF THE LD. CIT(A) BEFORE LD. CIT(A) HIMSE LF THEREFORE IN SUCH CIRCUMSTANCES DELAY IN FILING THE APPEAL MA Y BE CONDONED. ON THE OTHER HAND, LD. DR DID NOT DISPUT E THE ABOVE CONTENTION OF THE ASSESSEE THAT QUANTUM ADDIT ION HAS BEEN DELETED. 5. I HAVE CONSIDERED THE SUBMISSIONS OF BOTH THE PA RTIES. SINCE THE LD. CIT(A) LEVIED THE PENALTY VIDE IMPUGN ED ORDER DATED 22.09.2017, THEREFORE, THE APPEAL SHOULD HAVE BEEN FILED BEFORE THE TRIBUNAL. THE ASSESSEE HAS WRONGLY FILE D APPEAL BEFORE LD. CIT(A) AGAINST THE ORDER DATED 22.09.201 7 AND ULTIMATELY ON REALIZATION THE MISTAKE WITHDRAWAL TH E APPEAL BEFORE LD. CIT(A) VIDE ORDER DATED 15.02.2019. IN SUCH CIRCUMSTANCES, ASSESSEE HAS A BONA FIDE EXPLANATION IN NOT 3 ITA.NO.3609/DEL./2019 FILING THE APPEAL WITHIN THE PERIOD OF LIMITATION. THE DELAY IN FILING THE APPEAL IS CONDONED. SINCE QUANTUM ADDIT ION HAS BEEN DELETED BY THE TRIBUNAL, THEREFORE, THERE IS N O BASIS LEFT FOR LEVY THE PENALTY AGAINST THE ASSESSEE. 6. I, ACCORDINGLY, SET ASIDE THE ORDERS OF AUTHORIT IES BELOW AND CANCEL THE PENALTY. 7. IN THE RESULT, THE APPEAL OF ASSESSEE IS ALLOWED . ORDER PRONOUNCED IN THE OPEN COURT ON 05.01.2021. SD/- (BHAVNESH SAINI) JUDICIAL MEMBER DATED: 05.01.2021 *KAVITA ARORA COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. CIT(A) CONCERNED 4. CIT CONCERNED 5. D.R. ITAT SMC BENCH, DELHI 6. GUARD FILE. // BY ORDER // ASSISTANT REGISTRAR : ITAT DELHI BENCHES : DELHI.