DCIT, New Delhi V. Sh. K.C. Mittal, Haryana

ITA 361/DEL/2015

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 4658 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 6 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-08-2018
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2011-2012
• Appeal Filed On: 16-01-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: D NEW DELHI BEFORE SMT DIVA SINGH, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA NO.361/DEL/2015 ( ASSESSMENT YEAR: 2011-12) DCIT, CIRCLE 16 (1), NEW DELHI. VS. SHRI K.C. MITTAL, HOUSE NO.1707, SECTOR 4, PANCHKULA 134 109. ASSESSEE BY SHRI P.C. YADAV, ADVOCATE REVENUE BY SHRI AMIT JAIN, SR. DR ORDER PER DIVA SINGH, JUDICIAL MEMBER : THE PRESENT APPEAL HAS BEEN FILED BY THE RE VENUE ASSAILING THE CORRECTNESS OF THE ORDER DATED 11.09.2014 OF CIT (A ) (CENTRAL), GURGAON PERTAINING TO 2011-12 ASSESSMENT YEAR ON THE FOLLO WING GROUNDS :- 1. WHETHER ON THE FACTS AND CIRCUMSTANCES OF THE C ASE & IN LAW, THE LD. CIT (A) HAS ERRED IN DELETING THE PENALTY I MPOSED U/S 271AAA OF RS.15,50,000/- IGNORING THE FACT THAT THE ASSESSEE WAS SPECIFICALLY ASKED TO EXPLAIN THE SOURCE OF UND ISCLOSED INCOME AND ASSESSEE FAILED TO AVAIL THE OPPORTUNITY . 2. THAT THE ORDER OF THE LD. CIT (A) IS ERRONEOUS A ND IS NOT TENABLE ON FACTS AND IN LAW. 2. AT THE TIME OF HEARING, IT WAS SUBMITTED BY THE LD. AR FOR THE ASSESSEE THAT THE APPEAL OF THE REVENUE IS TO BE DISMISSED I N TERMS OF THE CBDT CIRCULAR NO.3/2018 DATED 11 TH JULY, 2018 VIDE WHICH THE REVENUE HAS BEEN DIRECTED NOT TO PREFER ANY APPEAL IN CASE THE TAX E FFECT IS LESS THAN RS.20,00,000/-. CONSIDERING THE RECORD, LD. SENIOR DR DID NOT DISPUTE THIS FACT. 3. IN THE LIGHT OF THE SUBMISSIONS MADE BY THE PART IES BEFORE THE BENCH AND CONSIDERING THE MATERIAL AVAILABLE ON RECORD, W E FIND THAT THE PRAYER OF DATE OF HEARING 3 0.07 .2018 DATE OF PRONOUNCEMENT 02 .0 8 .2018 ITA NO.361/DEL/2015 2 LD. AR HAS TO BE ALLOWED WHICH POSITION ON FACTS HA S NOT BEEN DISPUTED BY THE LD. SENIOR DR ALSO. ACCORDINGLY, THE APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN / NOT PRESSED. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN OPEN COURT ON THIS 2 ND DAY OF AUGUST, 2018. SD/- SD/- (PRASHANT MAHARISHI) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 2 ND DAY OF AUGUST, 2018 TS COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS), MEERUT 5. DR: ITAT TRUE COPY ASSISTANT REGISTRAR ITAT NEW DELHI