Sh. Kamal Kumar Rastogi, Meerut V. ITO, Meerut

ITA 399/DEL/2015

• Counselvise Citation: 39920114 RSA 2015
• Duration Of Justice: 7 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-09-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC 2
• Next Hearing Date: 11-08-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 20-01-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MRS RAKHI VIMAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : SMC-2 NEW DELHI BEFORE SHRI J.SUDHAKAR REDDY ACCOUNTANT MEMBER ITA NO: 399/DEL/2015 ASSTT. YEAR : - 2009-10 KAMAL KUMAR RASTOGI VS. ITO 302/21, RATHI APARTMENT WARD-1(3) SAKET MEERUT MEERUT (PAN AAYPK1967C) (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY :MRS. RAKHI VIMAL, JCIT DATE OF HEARING :11.8.2015 DATE OF PRONOUNCEMENT :11. 9.2015 O R D E R PER J.SUDHAKAR REDDY, ACCOUNTANT MEMBER THIS IS AN APPEAL FILED BY THE ASSESSEE AG AINST THE CONFIRMATION OF PENALTY LEVIED U/S 271(1)(C). 2. AFTER HEARING RIVAL CONTENTIONS, I FIND T HAT THE PENALTY U/S 271(1)(C) WAS LEVIED, BASED ON AN ADDITION MADE BY APPLYING THE P ROVISION OF SECTION 44 AF . THE INCOME OF THE ASSESSEE WAS ESTIMATED AT 5% OF THE T OTAL TURN OVER AND DIFFERENCE WAS ADDED. PENALTY WAS LEVIED ON THIS DIFFERENCE. A S THE ADDITION IN THIS CASE, WAS BASED ON ESTIMATION, AND AS THE EXPLANATION OF THE ASSESSEE IS BONAFIDE, I AM OF THE CONSIDERED VIEW THAT THE PENALTY IN QUESTION HAS TO BE QUASHED. ITA NO. 399/DEL/2015 KAMAL KUMAR RASTOGI VS. ITO 2 3. IN THE RESULT APPEAL OF THE ASSESSEE IS A LLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH SEPTEMBER, 2015. SD/- (J. SUDHAKAR REDDY) ACCOUNTANT MEMBER DATED: THE 11 TH SEPTEMBER, 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 SL. NO. DESCRIPTION DATE 1. DATE OF DICTATION BY THE AUTHOR 11.8.2015 2. DRAFT PLACED BEFORE THE DICTATING MEMBER 14.8.2 015 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