BGK Infratech P.Ltd (Amalgmated Compnay of Nova Infratech P.Ltd), New Delhi V. DCIT, Central Circle-15, New Delhi

ITA 3795/DEL/2019

AI Insights

The case involves BKG Infratech Pvt. Ltd., which appealed against the penalty levied by the Deputy Commissioner of Income Tax (DCIT) under section 271(1)(c) for the Assessment Year 2010-11. The penalty was imposed following an addition made during the assessment, which was later contested. The ITAT had earlier deleted this addition in a separate quantum appeal (ITA No.5364/Del/2014), leading to the current appeal to contest the penalty. The Tribunal found that since the addition, which was the basis for the penalty, had been deleted, the penalty itself could not stand.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 121772 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 7 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-12-2022
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Next Hearing Date: 23-11-2022
• Assessment Year: misc
• Appeal Filed On: 29-04-2019
• Other Referred Cases: ITA No.5364/Del/2014
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, ‘A’: NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI ANUBHAV SHARMA, JUDICIAL MEMBER ITA No.3795/DEL/2019 [Assessment Year: 2010-11] BKG Infratech Pvt. Ltd. (Amalgamated Company of Nova Infrastructure Pvt. Ltd.) A-35, Brij Greens, Satbari Main Gadaipur Road, Mehrauli, New Delhi-110074 Vs DCIT, Room No.-35, Jhandewalan Extn. New Delhi-110055 PAN-AAJCS0136R Assessee Revenue Assessee by None Revenue by Sh. Kanv Bali, Sr. DR Date of Hearing 24.11.2022 Date of Pronouncement 06.12.2022 ORDER PER SHAMIM YAHYA, AM, This appeal by the assessee is directed against the order of ld. CIT (Appeals)-23, New Delhi, dated 28.02.2019 for the Assessment Year 2010-11. 2. The issue raised is against the levy of penalty of Rs.1,93,608/- u/s 271(1)(c) of the Act. 3. At the outset, in this case, the Ld. Counsel for the assessee submitted that the quantum appeal in this case was decided by the Tribunal vide ITA No.5364/Del/2014 for Assessment Year 2010-11 vide order dated 30.09.2021 and the addition was deleted by ITAT. Hence, he pleaded that when entire addition stands deleted, the penalty levied with 2 ITA No.3795/Del/2019 respect to the same, addition does not survive. The Ld. Counsel for the assessee produced before us the copy of the order of the Tribunal. 4. The Ld. DR could not dispute proposition canvassed by the Ld. counsel for the assessee. 5. Accordingly, in the background of the fact that in quantum appeal, the addition has been deleted by ITAT, the penalty levied in this case does not survive, hence, we set-aside the orders of the authorities below and delete the levy of penalty. 6. In the result, the appeal of the assessee stands allowed. Order pronounced in the open court on 06 th December, 2022. Sd/- Sd/- [ANUBHAV SHARMA] [SHAMIM YAHYA] JUDICIAL MEMBER ACCOUNTANT MEMBER Delhi; Dated: 06.12.2022. f{x~{tÜ f{x~{tÜf{x~{tÜ f{x~{tÜ Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi