Anil Kumar Chaudhary, New Delhi V. ITO, New Delhi

ITA 4254/DEL/2014

• Counselvise Citation: 425420114 RSA 2014
• Duration Of Justice: 1 year(s) 1 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-09-2015
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC 1
• Next Hearing Date: 30-09-2015
• Assessment Year: 2000-2001
• Appeal Filed On: 04-08-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: S L ANURAGI
• Assessee Lawyers: MAYUR JAIN
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : SMC-I : NEW DELHI BEFORE SHRI R.S. SYAL, ACCOUNTANT MEMBER ITA NO.4254/DEL/2014 ASSESSMENT YEAR : 2000-01 ANIL KUMAR CHAUDHARY, ANIL MOTOR STORE, VILLAGE SAMALKHA, NEW DELHI. PAN : AAEPC6437H VS. ITO, WARD-27(3), NEW DELHI. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI MAYUR JAIN, ADVOCATE DEPARTMENT BY : SHRI S.L. ANURAGI, SR. DR DATE OF HEARING : 30. 09.2015 DATE OF PRONOUNCEMENT : 30.09.2015 ORDER THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDE R PASSED BY THE CIT(A) ON 21.5.2014 CONFIRMING THE PENALTY OF RS.1, 59,030/- IMPOSED BY THE AO U/S 271(1)(C) OF THE INCOME-TAX ACT, 1961 (HEREINAFTER ALSO CALLED THE ACT) IN RELATION TO THE ASSESSMENT YEA R 2000-01. ITA NO.4254/DEL/2014 2 2. I HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED T HE RELEVANT MATERIAL ON RECORD. IT IS OBSERVED THAT THE ONLY B ASIS FOR IMPOSITION AND CONFIRMATION OF PENALTY U/S 271(1)(C) IS THE ADDITI ON OF RS.5,03,000/- MADE BY THE AO U/S 68 OF THE ACT. IT IS NOTICED TH AT THE ADDITION SO MADE BY THE AO HAS BEEN FINALLY DELETED BY THE TRIB UNAL IN QUANTUM PROCEEDINGS VIDE ITS ORDER IN ITA NO.4328/DEL/2011 DATED 11.3.2015. A COPY OF SUCH ORDER HAS BEEN PLACED ON RECORD. IN VI EW OF THE FACT THAT THE VERY FOUNDATION OF PENALTY, BEING THE MAKING OF ADD ITION HAS BEEN DELETED, THERE REMAINS NO OCCASION FOR CONFIRMING A NY PENALTY. I, THEREFORE, ORDER FOR THE DELETION OF THE PENALTY. 3. IN THE RESULT, THE APPEAL IS ALLOWED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 30.09.201 5. SD/- [R.S. SYAL] ACCOUNTANT MEMBER DATED, 30 TH SEPTEMBER, 2015. DK ITA NO.4254/DEL/2014 3 COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.