JSD STEEL PVT. LTD. (EARLIER KNOWN AS CBS STEEL PVT. LTD.), NEW DELHI V. ACIT, CIRCLE- 5(2), NEW DELHI

ITA 4085/DEL/2017

• Counselvise Citation: [2021] 109 COUNSELVISE.COM (IT) 6579 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 7 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-01-2021
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2012-2013
• Appeal Filed On: 20-06-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: SACHIT KUMAR CA MS AMANPREET
• Keywords: Set aside

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: D NEW DELHI BEFORE SHRI O.P. KANT, ACCOUNTANT MEMBER AND SHRI K.N. CHARY, JUDICIAL MEMBER [THROUGH VIDEO CONFERENCING] ITA NO.4085/DEL./2017 ASSESSMENT YEAR: 2012-13 M/S. JSD STEEL PVT. LTD. (EARLIER KNOWN AS CBS STEEL PVT. LTD.), S B GARG & CO., CAS, 20/17, SHAKTI NAGAR, NEW DELHI VS. ACIT, CIRCLE-5(2), NEW DELHI PAN :AACCC7004P (APPELLANT) (RESPONDENT) ORDER PER O.P. KANT, AM: CHALLENGING THE ORDER DATED 31.01.2017 IN APPEAL NO . 312/15-16 PASSED BY COMMISSIONER OF INCOME-TAX (APP EALS)-2, NEW DELHI [LEARNED CIT(A)] IN THE CASE OF M/S. JSD STEEL PVT. LTD. (ASSESSEE) FOR ASSESSMENT YEAR 2012-13, AFFIRMING T HE PENALTY APPELLANT BY SHRI SACHIT KUMAR, CA RESPONDENT BY MS. AMANPREET, SR.DR DATE OF HEARING 25.01.2021 DATE OF PRONOUNCEMENT 25.01.2021 2 ITA NO. 4085/DEL./2017 IMPOSED BY THE ASSESSING OFFICER, THE ASSESSEE PREF ERRED THIS APPEAL. 2. AT THE OUTSET, IT IS BROUGHT TO OUR NOTICE BY LEARN ED AUTHORIZED REPRESENTATIVE THAT THE QUANTUM APPEAL I N ITA NO. 6193/DEL./2016, DATED 05.11.2019, A COORDINATE BENC H OF THIS TRIBUNAL SET ASIDE THE ORDER OF THE LEARNED CIT(A) AND RESTORED THE SAME TO HIS FILE FOR FRESH DISPOSAL; THE SAID MATTE R IS PENDING BEFORE THE LEARNED CIT(A). 3. LEARNED DR DOES NOT DISPUTE THIS FACTUAL SUBMISSIO N MADE BY THE LEARNED AR. 4. IN THESE CIRCUMSTANCES, WE ARE OF THE CONSIDERED O PINION THAT THE MATTER IS TO BE SENT BACK TO THE FILE OF T HE LEARNED CIT(A) TO TAKE A VIEW DEPENDING UPON THE OUTCOME IN THE QU ANTUM APPEAL YET TO BE DECIDED BY HIM. WE ORDER SO. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALLOW ED FOR STATISTICAL PURPOSES. THE ABOVE ORDER IS PRONOUNCED IN THE OPEN COURT IMMEDIATELY AFTER HEARING OVER VIRTUAL COURT IS COMP LETE ON THIS DAY OF 25 TH JANUARY, 2021. SD/- SD/- (K.N. CHARY) (O.P. KANT) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 25 TH JANUARY, 2021. RK/- (D.T.D.S.) COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI