DCIT, New Delhi V. M/s. Ajnara India Ltd. (Formerly known as M/s. Ajnara Farms & Services Ltd.), Delhi

ITA 4162/DEL/2014

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 5137 (ITAT-DELHI)
• Duration Of Justice: 3 year(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-08-2017
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 06-06-2017
• Assessment Year: 2007-2008
• Appeal Filed On: 25-07-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Section: 153A

Judgement Text

ITA NO. 4162 /DEL/2014 ASSESSMENT Y EAR: 2007 - 08 PAGE 1 OF 4 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH A BENCH NEW DELHI) BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI L.P. SAHU, ACCOUNTANT MEMBER I N ITA NO. 4162 /DEL/201 4 ASSESSMENT YEAR: 20 0 7 - 08 D CIT CENTRAL CIRCLE - 18 , ROOM NO. 327, 3 RD FLOOR, ARA CENTRE, E - 2, JHANDEWALAN EXTN. NEW DELHI VS. AJNARA INDIA LTD. (FORMERLY KNOWN AS M/S. AJNARA FARMS & SERVICES LTD.) 502, 5 TH FLOOR, SACHDEVA CORPORATE TOWER, KARKARDOMA , DELHI (APPLICANT) (RESPONDENT) (PAN: AA A CA4700C ) ASSESSEE BY: NONE REVENUE BY: SHRI ANUP SINGH, SR. DR DATE OF HEARING 17 / 0 8 /201 7 DATE OF PRONOUNCEMENT 1 7 / 0 8 /201 7 ORDER PER AMIT SHUKLA, JUDICIAL MEMBER : THE AFORESAID APPEAL HAS BEEN FILED BY THE REVENUE AGAINST THE IMPUGNED ORDER DATED 1 3 . 0 6 .20 1 4 , PASSED BY THE LD. CIT (APPEALS) - III , NEW DELHI , IN RELATION TO THE PENALTY PROCEEDINGS U/S 271(1)(C) FOR A.Y. 2007 - 08. THE REVENUE IS AGGRIEVED BY DELETION OF PENALTY OF RS. 30,33,609/ - WHICH WAS LEVIED BY THE ASSESSING OFFICER ON ACCOUNT OF ADDITION OF RS. 90,12,507/ - ON ACCOUNT OF PURCHASES BASED ON SEIZED MATERIAL. PAGE 2 OF 4 2. FROM THE PERUSAL OF THE IMPUGNED ORDER, WE FIND THAT THE LEARNED CIT(APPEALS) HAS DELETED THE PENALTY ON THE GROUND THAT THE ADDITION MADE BY THE ASSESSING OFFICER VIDE ASSESSMENT ORDER DATED 26.3.2013 U/S 153A WAS DELETED BY THE LEARNED CIT(APPEALS) VIDE ORDER DATED 11.6.2014. SINCE THE ADDITION ITSELF STANDS DELETED, THEREFORE, THE LEARNED CIT(APPEALS) HAS DELETED THE PENALTY FOLLOWING THE RATIO LAID DOWN BY THE HON'BLE SUPREME COURT IN THE CASE OF K.C. BUILDERS VS. ACIT (2004) 265 ITR 562 . 3. IN VIEW OF THE AFORESAID FACT THAT ONCE THE PENALTY HAS BEEN DELETED BY THE LEARNED CIT(APPEALS) , THEN THE PENALTY U/S 271(1)( C ) FOR THE SAME ADDITION CANNOT BE SUSTAINED. 4. HOWEVER, THE LD. DR BEFORE US COULD NOT BROUGHT TO OUR NOTICE THAT ANY SECOND APPEAL HAS BEEN FILED BY THE REVENUE AGAI NST THE APPELLATE ORDER DATED 11.6.2014 , WHEREBY THE ADDITION OF RS. 90,12,507/ - HAS BEEN DELETED. IN CASE THE DEPARTMENT BRINGS TO OUR NOTICE THAT THE SECOND APPEAL HAS BEEN FILED BY THE REVENUE BEFORE THE TRIBUNAL THEN THE DEPARTMENT MAY MOVE MISCELLANEO US APPLICATION U/S 254(2) WITHIN THE STATUTORY TIME LIMIT PROVIDED UNDER THE SAID SECTION FOR RECALL OF THIS ORDER. WITH THIS RIDER THE REVENUE S APPEAL IS DISMISSED 4 . IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED. ORDER P RONOUNCED IN THE OPEN COURT ON 1 7 . 0 8 .201 7. S D / - S D / - ( L.P. SAHU ) (AMIT SHUKLA) PAGE 3 OF 4 ( ACCOUNTANT MEMBER ) (JUDICIAL MEMBER) DATED: 1 7 . 0 8 .2017 NARENDER COPY FORWARDED TO: 1) APPELLANT 2) RESPONDENT 3) CIT 4) CIT (APPEALS) 5) DR: ITAT ASSISTANT REGISTRAR DATE DRAFT DICTATED ON 1 7 .0 8 .2017 DRAFT PLACED BEFORE AUTHOR 1 7 . 0 8 .2017 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. APPROVED DRAFT COMES TO THE SR.PS/PS 1 7 . 8 .2017 KEPT FOR PRONOUNCEMENT ON 1 7 . 8 .2017 FILE SENT TO THE BENCH CLERK 1 7 . 8 .2017 DATE ON WHICH FILE GOES TO THE AR DATE ON WHICH FILE GOES TO THE HEAD CLERK. PAGE 4 OF 4 DATE OF DISPATCH OF ORDER.