M/s. Shivalya Construction Co. P. Ltd., New Delhi V. DCIT, New Delhi

ITA 390/DEL/2014

• Counselvise Citation: 39020114 RSA 2014
• Duration Of Justice: 1 year(s) 5 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-07-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Next Hearing Date: 11-06-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 22-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: K K JAISWAL
• Assessee Lawyers: SATYAJEET GOYAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : SMC NEW DELHI BEFORE SHRI G.C. GUPTA, VICE PRESIDENT ITA NO: 390/DEL/2014 AY : - 2007-08 M/S. SHIVALYA CONSTRUCTION CO. P. LTD. VS. DCIT 9-10/3, IIIRD FLOOR, LAXMAN HOU SE CIRCLE-8(1) ASAF ALI ROAD, NEW DELHI. NEW DELHI. (PAN AACCS2475A) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SATYAJEET GOYAL, CA RESPONDENT BY : SHRI K.K. JAISWAL, SR. DR DATE OF HEARING : 11.6.2015 DATE OF PRONOUNCEMENT : 16.7 .2015 O R D E R THIS APPEAL BY THE ASSESSEE FOR THE ASSE SSMENT YEAR 2007-08 IS DIRECTED AGAINST THE ORDER OF THE CIT(A). THE GROUNDS OF APP EAL OF THE ASSESSEE ARE AS UNDER :- 1. THAT ON THE FACTS AND CIRCUMSTANCES OF THE CASE, C IT(A) WAS NOT JUSTIFIED IN CONFIRMING THE PENALTY ORDER PASSED U/S 271(1)(C) O F THE INCOME TAX ACT, 1961 WITHOUT APPRECIATING THE FACTS OF THE CASE. 2. THAT THERE IS NO CASE OF ANY CONCEALMENT OR FURNISH ING OF INACCURATE PARTICULARS AND MERELY ON ACCOUNT OF ADDITION MADE BY THE ASSESSING OFFICER, THERE CANNOT BE ANY CASE OF PENALTY U/S 271(1)(C). 2. LD. COUNSEL FOR THE ASSESSEE SUBMITTED THA T IN THE QUANTUM APPEAL OF THE ASSESSEE FOR THE RELEVANT ASSESSMENT YEAR 2007-08 THE ISSUE OF VALIDITY OF ADDITION WAS RESTORED BY THE TRIBUNAL TO THE FILE OF THE CI T(A) AND ACCORDINGLY THE ISSUE OF PENALTY U/S 271(1)(C) OF THE ACT IN THIS PRESENT AP PEAL OF THE ASSESSEE MAY ALSO BE ITA NO. 390/DEL/2014 SHIVALYA CON STRUCTION CO. P. LTD. VS. DCIT 2 RESTORED TO THE FILE OF THE CIT(A). HE SUBMITTED TH AT THE TRIBUNAL HAS RESTORED VIDE ORDER DATED 3.6.2015 IN ITA NO. 2152/DEL/2012. LD. DR RELIED ON THE ORDER OF THE AO AND CIT(A). 3. I HAVE CONSIDERED THE RIVAL SUBMISSIONS. IN VIEW OF THE FACT THAT THE ISSUE OF VALIDITY OF ADDITION MADE HAS BEEN RESTORED IN THE QUANTUM APPEAL OF THE ASSESSEE BY THE TRIBUNAL VIDE ITS ORDER DATED 3.6.2015 (SUPR A) TO THE FILE OF THE CIT(A) FOR FRESH ADJUDICATION, IT SHALL BE JUSTIFIED TO RESTOR E THE ISSUE OF VALIDITY OF PENALTY IMPOSED U/S 271(1)(C) OF THE ACT TO THE FILE OF THE CIT(A) FOR PASSING A DE NOVO APPELLATE ORDER IN ACCORDANCE WITH LAW AFTER ALLOWI NG REASONABLE OPPORTUNITY OF HEARING TO BOTH THE PARTIES. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSE. ORDER PRONOUNCED IN THE OPEN COURT ON 16.7. 20 15. SD/- (G.C. GUPTA) VICE PRESIDENT DATED: THE 16.7. 2015 *VEENA COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR 6. GUARD FILE BY ORDER DY. REGISTRAR ITA NO. 390/DEL/2014 SHIVALYA CON STRUCTION CO. P. LTD. VS. DCIT 3 SL. NO. DESCRIPTION DATE 1. DATE OF DICTATION BY THE AUTHOR 11.6.2015 2. DRAFT PLACED BEFORE THE DICTATING MEMBER 12.6.2015 3. DRAFT PLACED BEFORE THE SECOND MEMBER 4. DRAFT APPROVED BY THE SECOND MEMBER 5. DATE OF APPROVED ORDER COMES TO THE SR. PS 6. DATE OF PRONOUNCEMENT OF ORDER 7. DATE OF FILE SENT TO THE BENCH CLERK 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER