1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : H NEW DELHI BEFORE SHRI J.SUDHAKAR REDDY, AM AND SHRI C.M. GARG , J.M. ITA NO: 3741 /DEL/20 1 1 AY : - 1996 - 97 ACIT, CIR 47(1) VS. MR T HOSOI NEW DELHI C/O KOCHHAR & CO. ADVS. & SOLICITORS DLF TOWER A, JASOLA DT. CENTRE, JASOLA NEW DELHI 110 025 (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI JP CHANDRAKAR, SR.D.R. RESPONDENT BY : SH. ABHISHEK ANAND, ADV. O R D E R PER J.SUDHAKAR REDDY, ACCOUNTANT MEMBER THIS IS AN APPEAL FILED BY THE REVENUE , DIRECTED AGAINST THE ORDER OF LD.CIT(A) - XXX, NEW DELHI DATED 16.05.2011 , PERTAINING TO THE AY 1996 - 97 WHEREIN THE PENALTY LEVIED BY THE A.O. U/S 271(1)(C ) HAS BEEN CANCELLED. AT THE TIME OF HEARING IT IS BROUGHT TO OUR NOTICE THAT THE ADDITIONS BASED ON WHICH THE PENALTY HAS BEEN LEVIED, WERE DELETED BY THE LD.CIT(A) AND THE H BENCH OF THE TRIBUNAL I N , ITA NO.1659/DEL/2010 AND 1696/DEL/2010 , VIDE ORDER DT. 23.3.2012 , UPHELD SUCH DE LETION . IN VIEW OF THE ABOVE THE PENALTY LEVIED HAS NO LEGS TO STAND UPON. 2. IN THE RESULT THIS APPEAL OF THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN C OURT ON 0 7 T H JANUARY, 2015 . S D / - S D / - ( C.M. GARG ) (J.SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: THE 0 7 T H JANUARY, 2015. *MANGA 2 COPY OF THE ORDER FORWARDED TO: 1. APPELLANT; 2.RESPONDENT; 3.CIT; 4.CIT(A); 5.DR; 6.GUARD FILE BY ORDER ASST. REGISTRAR