ITO, New Delhi V. Sh. Narender Kumar Budhiraja, New Delhi

ITA 4086/DEL/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 58941 (ITAT-DELHI)
• Duration Of Justice: 6 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-03-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 21-03-2012
• Assessment Year: 2005-2006
• Appeal Filed On: 08-09-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: R S NEGI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : E : NEW DELHI BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER AND SHRI K.G. BANSAL, ACCOUNTANT MEMBER ITA NO.4086/DEL/2011 ASSESSMENT YEAR : 2005-06 THE INCOME TAX OFFICER, WARD 25(1), NEW DELHI. VS. SHRI NARENDER KUMAR BUDHIRAJA, LD-81, PITAMPURA, DELHI 34. PAN : AALPK5117H (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI SATISH AGGARWAL, CA REVENUE BY : SHRI R.S. NEGI, SR.DR ORDER PER I.P. BANSAL, JUDICIAL MEMBER THIS IS AN APPEAL FILED BY THE DEPARTMENT. IT IS DIR ECTED AGAINST THE ORDER DATED 8 TH JUNE, 2011 PASSED BY THE CIT(A) FOR ASSESSMENT YEAR 2005-06. THE GROUNDS OF APPEAL READ AS UNDER:- ON THE FACTS AND CIRCUMSTANCES OF THE CASE, THE CIT (A ) ERRED IN CANCELING THE PENALTY U/S 271(1)(C) OF THE IT ACT AMOUNTING TO RS.18,52,435/-. THE APPELLANT CRAVES THE RIGHT TO ADD OR ALTER ANY GROUN D OF APPEAL. CERTIFIED THAT THE COPY OF THE ORDER OF THE CIT (A)-XXIV, NEW DELHI WAS COMMUNICATED TO ME ON 11.07.2011. 2. THE CONCEALMENT PENALTY WAS LEVIED ON THE ASSESSEE ON ACCOUNT OF ADDITION OF ` 55 LAC IN RESPECT OF PROPERTY LOCAT ED AT FD-22, PITAM PURA, DELHI AND PENALTY HAS BEEN DELETED BY LEARNED CIT (A) ON THE ITA NO.4086/DEL/2011 2 GROUND THAT THE ADDITION IN QUANTUM PROCEEDINGS HAS B EEN DELETED BY THE TRIBUNAL VIDE ITS ORDER DATED 11 TH MARCH, 2011 IN ITA NO.1409/DEL/2009 AND IN ITA NO.2112/DEL/2009. 3. THE LEARNED DR RELIED UPON THE ORDER OF THE ASSESSIN G OFFICER AS AGAINST THAT THE LEARNED AR HAS SUBMITTED BEFORE US THE COPY OF THE ORDER OF THE TRIBUNAL WHEREBY THE AFOREMENTIONED AD DITION OF ` 55 LAC WAS DELETED. 4. IN THIS VIEW OF THE SITUATION, AFTER HEARING BOTH THE PARTIES, WE FIND NO INFIRMITY IN THE ORDER PASSED BY THE CIT (A) VIDE WHICH THE IMPUGNED PENALTY HAS BEEN DELETED ON THE GROUND THAT ADDITION ON WHICH CONCEALMENT PENALTY HAS BEEN LEVIED HAS BEEN DE LETED BY THE TRIBUNAL. WE DECLINE TO INTERFERE. 5. IN THE RESULT, THE APPEAL FILED BY THE REVENUE I S DISMISSED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 23.03.20 12. SD/- SD/- [K.G. BANSAL] [I.P. BANSAL] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED, 23.03.2012. DK COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT DEPUTY REGISTRAR, ITAT, DELHI BENCHES